The personal representatives of the deceased partner are not necessary parties to this action brought by one who claims to be a surviving partner to compel an accounting by a third person in possession of the partnership assets.

The order of the Appellate Division granting a new trial is not subject to review upon this appeal from the- *206 final judgment (Kade v. Sanitary F. & C. Co., 256 N. Y. 371).

The judgment dismissing the complaint for defect of parties should be reversed without costs.

The appeal from the order granting a new trial should be dismissed.

Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Judgment accordingly.