COSTELLO-PALMER CORP. v. CONSOL. FACTORS CORP.


13 A.D.2d 695 (1961)

Costello-Palmer Corp., Appellant, v. Consolidated Factors Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1961


Order insofar as appealed from reversed, with $10 costs and disbursements, and the defendant's motion, insofar as it seeks to direct amendment of the complaint for the purpose above stated, denied.

The allegations of the complaint are sufficient to spell out a fiduciary relationship and to state a cause of action for an accounting (cf. Zeltser v. Mark, 7 A.D.2d 851). It is not necessary that the complaint contain a list of...

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