Appellate Division of the Supreme Court of New York, 1955

Hofmann v. Kupfer

Hofmann v. Kupfer
Appellate Division of the Supreme Court of New York · Decided January 25, 1955
285 A.D. 810; 137 N.Y.S.2d 621
Hofmann v. Kupfer

Opinion of the Court

Interlocutory judgment modified to the extent of eliminating finding of fact numbered 36 ” and conclusion of law numbered “ 13 ” and, as so modified, the interlocutory judgment is affirmed. We think the finding and conclusion indicated are premature and any such finding and conclusion should await the completion of the accounting. Settle order. Present — Peck, P. J., Callahan, Breitel, Bastow and Botein, JJ. [See post, p. 943.]

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