Fast Trak Structures, Inc. v. R-J Taylor General Contractors, Inc.

— Order unanimously reversed, on the law, without costs, and proceeding dismissed, without prejudice to the commencement of a plenary suit in equity. Memorandum: Gordon V. Holmes, president of petitioner Fast Trak Structures, Inc., and Richard S. Taylor, the majority shareholder of respondent R-J Taylor General Contractors, Inc., previously conducted a general construction business together as equal owners of Rochester Fast Trac Construction, Inc. This corporation actively engaged in the business of "fast-track construction”, a nationally recognized process for constructing commercial…