Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was to dismiss the plaintiff's fourth cause of action and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable by the plaintiff.
Inasmuch as no cause of action lies for the conversion of intangible property, the plaintiff's fourth cause of action should properly have been dismissed pursuant to CPLR 3211 (a) (7) (see, Sporn v. MCA Records, 58 N.Y.2d 482, 489; 23 N.Y. Jur 2d, Conversion, and Action for Recovery of Chattel, § 11). However, we find that the first cause of action clearly alleges that the defendant McDonald's Corporation breached an agreement with the plaintiff whereby the latter was to perform certain demolition work in preparation for the construction of a restaurant. In reaching this conclusion the trial court properly looked to the plaintiff's opposing affidavits (see, CPLR 3211 [c]; Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635). We have examined the appellant's remaining contentions and find them to be without merit. Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.