Gallagher v. Pagliaro , 278 A.D. 898 ( 1951 )

Per Curiam.

In a proper case we would vindicate the plenary power of our Supreme Court under its general equity jurisdiction to grant the relief asked for in the fifth cause of action but, under the particular facts and circumstances of this case, we deem it unnecessary to pass upon that issue. In affirming, we do not adopt the reasoning of the trial court.

The judgment, so far as appealed from, should in all respects be affirmed, with costs to respondent.