MERCHS. IMPORTING, INC. v. KUHN & SCHNEIDER, INC.


27 A.D.2d 709 (1967)

Merchants Importing, Inc., Respondent, v. Kuhn & Schneider, Inc., et al., Appellants, et al., Defendant

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

February 2, 1967


Order entered July 28, 1966 appealed from, unanimously modified, on the law, and the motion granted to the extent of dismissing the fourth cause of action. As so modified the order is otherwise affirmed, without costs or disbursements to either party.

The fourth cause seeks an accounting of moneys and profits made by defendants. The complaint does not allege or establish any fiduciary relationship so as to entitle plaintiff to the relief sought. Nor are such special...

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