Politis v. Epiphaniades

282 A.D. 856 Court N.Y. App. Div. Decision date 1953-10-06 English

Contents

Majority

p. 856

Andrew Politis, Respondent, v. Thomas N. Epiphaniades, Appellant.

— Order unanimously affirmed, with $20 costs and disbursements to the respondent. The complaint is to be treated as alleging a cause of action in equity to recover a certificate of interest in a business and for an accounting of plaintiff’s interest therein. The claim for damages is to be regarded as nothing more than a claim for an accounting. Present — Peck, P. J., Glennon, Cohn, Breitel and Botein, JJ.