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SCHELLER v. BOWERY SAV. BANK

217 A.D.2d 506 (1995)

630 N.Y.S.2d 62

Damion Scheller, Respondent, v. Bowery Savings Bank, Defendant, and Howard Adelglass et al., Appellants

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

July 27, 1995

This action originally sounding in various contract and tort theories, but converted by the court, without objection of the parties, into an action for breach of contract, was commenced by a son, a former child actor, and sought recovery of his earnings from his mother, who held his earnings informally in trust. The theory pursued by plaintiff at trial, submitted to the jury and upon which the verdict was rendered was that plaintiff...

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