Majority
p. 1010David Altman, Appellant, v Sylvia Altman, Respondent.
In an action, inter alia, to set aside a deed to certain real property, the plaintiff appeals from a judgment of the Supreme Court, Kings County, entered August 1, 1978, which dismissed the complaint. Judgment aifirmed, without costs or disbursements. The issue of constructive trust was not presented to or determined by the trial court and we do not reach that issue. Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.