Zajic v. Zajic

Appellate Division of the Supreme Court of New York

Zajic v. Zajic

258 A.D. 1064, 18 N.Y.S.2d 1004, 1940 N.Y. App. Div. LEXIS 8904

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 5, 1940

StatusPublished

This text of 258 A.D. 1064 (Zajic v. Zajic) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zajic v. Zajic, 258 A.D. 1064, 18 N.Y.S.2d 1004, 1940 N.Y. App. Div. LEXIS 8904 (N.Y. Ct. App. 1940).

Pincite

Opinion

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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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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Bluebook (online)

258 A.D. 1064, 18 N.Y.S.2d 1004, 1940 N.Y. App. Div. LEXIS 8904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zajic-v-zajic-nyappdiv-1940.