Sloben v. Stam

—In an action to impose a constructive trust on three parcels of land pursuant to an oral agreement, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Christ, J.), dated April 29, 1988, which, inter alia, granted the motion of the defendants Allan G. Stam and Patricia L. Stam, Soundview Realty, Inc. and Morris Oppman to dismiss the complaint as against them pursuant to CPLR 3126.

Ordered that the order is affirmed, with one bill of costs.

A review of the record establishes that the respondents served a notice for discovery and inspection which was inadvertently made…