282 A.D. 827 | N.Y. App. Div. | 1953
Interlocutory judgment and order reversed on the law and facts, with costs, and complaint dismissed, with costs, without prejudice to the right to bring an action at law, if so advised. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The complaint did not allege a fiduciary relationship between the parties nor that the plaintiff had no adequate remedy at law. At the close of all the evidence, the plaintiff was permitted, over