Opinion
April 13, 1987
Appeal from the Supreme Court, Nassau County (Oppido, J.).
Ordered that the appeal from the order dated March 14, 1986 is dismissed; that order was superseded by the order granting reargument; and, it is further,
Ordered that the order dated April 24, 1986 is affirmed insofar as reviewed; and, it is further,
Ordered that the order dated July 25, 1986 is affirmed; and, it is further,
Ordered that the defendants are awarded one bill of costs.
We agree that neither the original complaint nor the amended complaint states a cause of action either for specific performance (General Obligations Law § 5-703; Burns v McCormick, 233 N.Y. 230) or for imposition of a constructive trust or equitable lien upon the premises for the plaintiffs' benefit (see, Sharp v Kosmalski, 40 N.Y.2d 119; Scivoletti v Marsala, 97 A.D.2d 401, affd 61 N.Y.2d 806; Matter of Wells, 36 A.D.2d 471, affd 29 N.Y.2d 931). Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.