In an action by a trustee in bankruptcy to set aside two deeds to certain real property and to impress and foreclose a lien on said property by reason of certain expenditures of money by the bankrupt in connection with the property, which money would be assets of the bankrupt estate, defendants appeal from an order of the Supreme Court, Nassau County, dated August 22, 1960, denying their motions to dismiss the complaint and the three causes of action therein and to cancel a notice of pendency of action. The grounds of the motions to dismiss the complaint were: (1) that on the face of the complaint it appears that the court lacks jurisdiction of the subject matter, (2) that plaintiff has not legal capacity to sue, and (3) that the complaint and the several causes of action do not state facts sufficient to constitute a cause of action. Order modified by striking out the decretal paragraph, and by substituting therefor: (1) a paragraph decreeing that the motions with respect to the complaint and the several causes of action are denied, except that such motion by defendant Harriet
