Taggart v. Wade

3 N.Y.S. 322, 21 N.Y. St. Rep. 320, 50 Hun 606, 1888 N.Y. Misc. LEXIS 621

Opinion

Barnard, P. J.

Assuming that the principle upon which the affirmance of the plaintiff’s cause of action depends is right, the interlocutory decree appealed from should contain provisions for the allowance to the defendant upon the accounting for repairs and. improvements, and for interest paid on a prior mortgage on the property. The omission of the provision in the decree was overlooked. A general accounting was provided for, but was restricted so as to exclude these items of expenditure, if there be such. The motion for a reargument should therefore be granted, without costs.

Pratt, J., concurs.