Tobias v. Cellar

Appeal by plaintiffs from an order granting defendants’ motions under rule 112 of the Rules of Civil Practice for judgment on the pleadings, dismissing all causes of action in the amended complaint insofar as they relate to breach of trust or breach of fiduciary obligation or breach of contract as trustee or fiduciary. Order modified on the law and the facts by inserting therein a provision directing plaintiffs to serve an amended complaint eliminating all allegations in each cause of action which relate to alleged breach of trust or breach of fiduciary obligation, and, as thus modified,…