300 BWY. REALTY CORP. v. KOMMIT


37 Misc.2d 325 (1962)

300 Broadway Realty Corporation, Plaintiff, v. Lester Kommit, Defendant.

Supreme Court, Special Term, Albany County.

July 9, 1962


Attorney(s) appearing for the Case

Arthur J. Harvey and Edward A. McMahon for defendant. Gordon Marshall for plaintiff.


LAWRENCE H. COOKE, J.

Defendant moves pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the complaint herein on the ground that it does not state facts sufficient to constitute a cause of action.

The gravamen of the complaint is for an accounting. The complaint in an equitable action for an accounting must show: (1) relations of a mutual and confidential nature; (2) money or property entrusted to the defendant imposing...

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