Dunn v. Moss

—Order unanimously reversed, without costs, and motion denied. Denman, J., not participating. Memorandum: Special Term improperly granted defendants’ motion pursuant to CPLR 3211 (subd [a], pars 5, 7) to dismiss plaintiff’s complaint in an action to impress a constructive trust for his undivided one-half interest in a residential property which he had transferred to the defendant Moss, plaintiffs former wife, and which is now held in the name of her sister, the defendant Zipf. The complaint alleges the essential elements of " '(1) a confidential or fiduciary relation, (2) a promise, (3) a…