New York Supreme Court August 24, 1982 (Kelly v. Chester Fire District)

OPINION OF THE COURT

Irving A. Green, J.

In an equity action seeking judgment against the defendant for an accounting and for a decree that the moneys found upon such accounting held by the defendant be impressed with a trust for the benefit of the plaintiff for the purchase of an ambulance for plaintiff’s use, and for other relief, the defendant cross-moves the court, pursuant to CPLR 3211 (subd