Crespi v. Crespi

Appellate Division of the Supreme Court of New York

Crespi v. Crespi

238 A.D. 794

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1933·Published·Cited by 3 cases

Opinion

Order denying motion to dismiss the complaint affirmed, with ten dollars costs and disbursements, with leave to defendants to answer within ten days from the entry of the order herein. If the business of the partners was conducted by means of a corporation the plaintiff may not have an accounting. (Boag v. Thompson, 208 App. Div. 132.) The complaint does not make it clear. A trial will be necessary. Lazansky, P. J., Carswell, Scudder and Davis,'JJ., concur; Kapper, J., dissents on authority of Boag v. Thompson (supra); Brock v. Poor (216 N. Y. 387), and Jackson v. Hooper (76 N. J. Eq.. 592, 598).

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Order denying motion to dismiss the complaint affirmed, with ten dollars costs and disbursements, with leave to defendants to answer within ten days from the entry of the order herein. If the business of the partners was conducted by means of a corporation the plaintiff may not have an accounting. (Boag v. Thompson, 208 App. Div. 132.) The complaint does not make it clear. A trial will be necessary. Lazansky, P. J., Carswell, Scudder and Davis,'JJ., concur; Kapper, J., dissents on authority of Boag v. Thompson (supra); Brock v. Poor (216 N. Y. 387), and Jackson v. Hooper (76 N. J. Eq.. 592, 598).

Crespi v. Crespi, 238 A.D. 794 (N.Y. Ct. App. 1933).

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