Appellate Division of the Supreme Court of New York, 1940

Zajic v. Zajic

Zajic v. Zajic
Appellate Division of the Supreme Court of New York · Decided February 5, 1940
258 A.D. 1064; 18 N.Y.S.2d 1004; 1940 N.Y. App. Div. LEXIS 8904
Zajic v. Zajic

Opinion of the Court

In an action to dissolve a partnership and for an accounting, an interlocutory judgment was directed in favor of plaintiff. Interlocutory judgment modified by inserting after the word “ had ” in the second ordering'paragraph of the interlocutory judgment, the words “ by plaintiff and defendant; ” and further by inserting a provision that the counterclaim be dismissed. As thus modified, the interlocutory judgment is unanimously affirmed, without costs. Under the facts disclosed by this record it is necessary that both parties account. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. The appeal from the decision is dismissed. Present—Lazansky, P. J., Cars-well, Johnston, Adel and Close, JJ. Settle order on notice.

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