Judgment awarding plaintiff $49,323.57, with interest, on the first cause of action, unanimously modified, on the law and the facts, so as to dismiss the first cause of action, and otherwise the judgment appealed from is affirmed, with $50 costs and disbursements to the defendant.
This suit is brought by one party to a joint venture against its coventurer. The gravamen of the first cause of action is the improper handling of the factoring account by the defendant...
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