Goergen v. Nebrich

We treat the “order” appealed from as an interlocutory judgment. The counterclaim, so-called, and the affirmative defenses were properly stricken out and judgment of dissolution of the partnership pursuant to section 63 of the Partnership Law was properly granted. It remained, therefore, the function of the court to direct the accounting and to supervise the winding up of the partnership pursuant to section 75 of the Partnership Law. In this, the court is vested with considerable discretion. It may confide the continuation of the business pending the final liquidation to a receiver or to a…