PAKISTAN INT. AIRLINES CORP. v. SHIMP, INC.


23 Misc.2d 607 (1960)

Pakistan International Airlines Corporation, Successor to Orient Airways, Limited, Plaintiff, v. Hayes G. Shimp, Inc., Defendant.

Supreme Court, Special Term, New York County.

January 15, 1960.


Attorney(s) appearing for the Case

Glazer & Pollock (Milton H. Friedman of counsel), for defendant.

Hays, St. John, Abramson & Heilbron (Thomas M. Aron of counsel), for plaintiff.


VINCENT A. LUPIANO, J.

Defendant moves for dismissal of the amended complaint for legal insufficiency. The action is in equity and is brought to compel the defendant to account. Principally the defendant urges that the plaintiff has failed to allege ownership of the alleged cause of action and has failed, further, to allege factually the existence of a fiduciary relationship and, accordingly, no action in equity is pleaded. Plaintiff's predecessor

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