Order unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs.
The complaint, in seeking relief for abuse of a fiduciary relationship, lies in equity and the specific relief sought is that of an accounting (see Elco Shoe Manufacturers v. Sisk, 260 N.Y. 100; 2 Restatement, 2d, Agency, pp. 171-172). It is immaterial that in some circumstances plaintiff might also have had a remedy at law, or that...
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