It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this action seeking to impose a constructive trust on certain real property, plaintiffs contend that Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. We reject that contention. We note at the outset that defendant in fact sought dismissal of the complaint pursuant to CPLR 3211, but plaintiffs in opposition characterized...
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