Alkahn Silk Label Co. v. Felsenstein

Appellate Division of the Supreme Court of New York

Alkahn Silk Label Co. v. Felsenstein

7 A.D.2d 904, 182 N.Y.S.2d 380, 1959 N.Y. App. Div. LEXIS 9903

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 17, 1959

StatusPublished

This text of 7 A.D.2d 904 (Alkahn Silk Label Co. v. Felsenstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alkahn Silk Label Co. v. Felsenstein, 7 A.D.2d 904, 182 N.Y.S.2d 380, 1959 N.Y. App. Div. LEXIS 9903 (N.Y. Ct. App. 1959).

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Opinion

Order unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. The complaint, in seeking relief for abuse of a fiduciary relationship, lies in equity and the specific relief sought is that of an accounting (see Elco Shoe Manufacturers v. Sisk, 260 N. Y. 100; 2 Restatement, 2d, Agency, pp. 171-172). It is immaterial that in some circumstances plaintiff might also have had a remedy at law, or that out of the same relationship a remedy might be sought which would be limited to breach of contract. This disposition, however, is without prejudice to defendant making an application, if he ia [905]*905so advised, to have the law issues in the case framed for purposes of jury trial. Concur — Botein, P. J., Breitel, M. M. Frank, McNally and Stevens, JJ.

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Order unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. The complaint, in seeking relief for abuse of a fiduciary relationship, lies in equity and the specific relief sought is that of an accounting (see Elco Shoe Manufacturers v. Sisk, 260 N. Y. 100; 2 Restatement, 2d, Agency, pp. 171-172). It is immaterial that in some circumstances plaintiff might also have had a remedy at law, or that out of the same relationship a remedy might be sought which would be limited to breach of contract. This disposition, however, is without prejudice to defendant making an application, if he ia [905]*905so advised, to have the law issues in the case framed for purposes of jury trial. Concur — Botein, P. J., Breitel, M. M. Frank, McNally and Stevens, JJ.

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Bluebook (online)

7 A.D.2d 904, 182 N.Y.S.2d 380, 1959 N.Y. App. Div. LEXIS 9903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alkahn-silk-label-co-v-felsenstein-nyappdiv-1959.

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