Opinion
November 20, 1961
In an action to compel the promoters of a co-operative housing project to account to the plaintiff for alleged wrongful profits obtained by them and to recover the damages which plaintiff suffered by reason of their conspiracy and misconduct in violation of a fiduciary relationship, the two corporate defendants and defendants Severino appeal from an order of the Supreme Court, Westchester County, dated August 18, 1959, which denied their motions: (1) to strike out certain paragraphs of the complaint as sham pursuant to rule 103 of the Rules of Civil Practice; and (2) to dismiss the first and second causes of action set forth in the complaint for insufficiency pursuant to rule 106 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.