
    Nicholas D. Maselli, Appellant, v. Abraham L. Suchman et al., Respondents.
   '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. Present — Nolan, P. J., MaeCrate, Schmidt, Beldock and Murphy, JJ.  