Order affirmed, with $10 costs and disbursements.
All concur, except WHEELER and VAN DUSER, JJ., who dissent and vote for reversal and for granting the motion in the following memorandum:
We think the complaint intermingles three causes of action: one for damages for breach of contract, another to set aside a fraudulent conveyance, and a third to enforce the trust fund provisions of section 13 of the Lien Law. Since the proof under the various causes of action...
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