Appellate Division of the Supreme Court of New York, 1914

Del Genovese v. Del Genovese

Del Genovese v. Del Genovese
Appellate Division of the Supreme Court of New York · Decided July 15, 1914
164 A.D. 895
Del Genovese v. Del Genovese

Opinion of the Court

We think that during the time of the lease taken by plaintiff’s husband, the decedent, his status was such as to justify a demand in equity for an accounting in equity. The judgment is, therefore, reversed and a new trial is granted, costs to abide the final award of costs, with leave to plaintiff to apply at Special Term for any amendment of her complaint that she may be advised is proper. (See New York & Brooklyn Ferry Co. v. Moore, 18 Abb. N. C.106; Marvins. Brooks, 94 N. Y. 71; Parker v. Pullman & Co., *89636 App. Div. 208.) Jenks, P. J., Burr, Rich, Stapleton and Putnam, JJ., concurred.

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