GUTWIRTH v. CAREWELL TRADING CORP.


12 A.D.2d 920 (1961)

Albert Gutwirth, Appellant, v. Carewell Trading Corporation et al., Respondents

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

February 23, 1961


Judgment unanimously affirmed, with costs to defendants-respondents.

We agree with the findings of the trial court to the effect that there was no diversion of funds on the part of defendants, and that plaintiff had full knowledge of and consented to all of the acts of which he now complains. In the circumstances the plaintiff may not recover whether it be in an action at law or in equity for an accounting. The findings of the arbitrators were not binding upon the...

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