In re the Compulsory Accounting of Provisero

In a proceeding to compel respondent to render and settle her account as administratrix, order of the Surrogate’s Court, Queens County, granting respondent’s motion pursuant to rule 112 of the Rules of Civil Practice, and dismissing appellant’s petition on the merits reversed on the law, with $10 costs and disbursements, payable out of the estate, and motion denied, without costs. As a matter of pleading, appellant’s petition is sufficient to sustain her demand for an accounting. Defenses alleged in the answer may not be considered in the determination of the motion since the allegations of…