Ellner v. Pope

—In an action, inter alia, to impose a constructive trust on certain real property, the defendant Francis Pope, a/k/a Dave Pope, appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated January 3, 2001, which denied his *625motion for summary judgment dismissing the complaint insofar as asserted against him and to vacate a notice of pendency filed against the subject real property.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, the action against the remaining defendants…