Opinion
December 6, 1954.
Present — Nolan, P.J., MacCrate, Schmidt, Beldock and Murphy, JJ.
Appeal by plaintiff from an order, on defendants' motion under subdivision 4 of rule 107 and subdivision 4 of rule 106 of the Rules of Civil Practice, which dismisses the first cause of action in the complaint, seeking a declaration of a constructive trust on real property and other relief. Order unanimously affirmed, with $10 costs and disbursements. No opinion.