Pierce v. McLaughlin Real Estate Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the McLaughlin--Real Estate Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk A the county of Kings on the 7th day of May, 1907, denying the defendant’s motion to.vacate an ex parte order for the examination of the defendant and the president thereof to enable, the plaintiff'to. frame his complaint. -
1Opinion of the Court
Gaynor, J.:
The plaintiff does not state in his- affidavit what kihd of-an- action he has. brought by the service of the summons. It may be gathered from such-affidavit that it is' a suit for an accounting. It states that the plaintiff had an oral agreement with the defendant to-got purchasers of real estate owned or controlled' by it, the'■'plaintiff to be paid a percentage of the net profit -the"defendant should realize on the real estate thus sold, and that many sales were made -by- the plaintiff. Ho examination is necessary -to frame a complaint for an accounting. If the defendant be under…
2Cited by5 opinions
- Murphy v. KeenanNew York Supreme Court · 1917
- Conrady v. BuhreAppellate Division of the Supreme Court of the State of New York · 1912
- In re GardnerAppellate Division of the Supreme Court of the State of New York · 1908
- Zakarias v. Radio Patents Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- American Seal-Kap Corp. v. Smith Lee Co.New York Supreme Court · 1935