Kesner v. Title Guarantee & Trust Co.

Plaintiffs have a complete remedy at law to recover the money damages sought in the complaint. (Strebler v. Title Guarantee & Trust Co., 250 App. Div. 846; modfd. in other respects, 277 N. Y. 730.) In similar actions for breach by defendant of the duty which it owes as agent to a certificate holder, it has been held that an adequate remedy at law exists to which the six-year Statute of Limitations must be applied. (Follender v. Title Guarantee & Trust Co., 258 App. Div. 724; Clark v. Title Guarantee & Trust Co., 259 id. 136.)

Though plaintiffs might maintain an action in equity to recover for…