Duane Jones Co. v. Burke

Order unanimously affirmed, with $20 costs and disbursements to respondents. Plaintiff’s complaint sets forth four causes of action, three of which allege distinct torts as a basis for money damages and a fourth cause of action, under sections 60 and 61 of the General Corporation Law, for an accounting in equity. The alleged tortious acts are repeated in the equitable cause of action as breaches of fiduciary duty. The complaint may not be treated as setting forth one comprehensive action in equity, so long as it *890remains in its present form. Defendants are entitled to a jury trial of the…