Gottesman v. Bank of New York & Trust Co.

Order denying motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. The complaint is at least sufficient as a cause of action in equity to recover the stock demanded or its value. (Western Railroad Co. v. Bayne, 75 N. Y. 1.) The second cause of action is sufficient as one in conversion. (McIntyre v. Smothers, 118 App. Div. 776.) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.