It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion and reinstating the second cause of action, and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this action seeking, among other things, equitable relief pursuant to his second cause of action alleging a breach of trust or fiduciary duty on the part of Richard W. Cook (defendant) in his capacity as trustee of the Manlius-Klein...
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