Mook v. Merdinger

Order entered on October 6, 1958 unanimously modified to dismiss the second counterclaim with leave to replead; and as thus modified, affirmed, without costs. The second counterclaim does not plead a good cause of action. It alleges that one of plaintiffs acting as an attorney for the corporate defendant committed a breach of trust in “ a matter ” delegated to him; and that he was guilty of misfeasance as a director in the same matter. Recovery of all later payments for other legal services in subsequent matters is sought by the second counterclaim. There is no allegation that such subsequent…