De Vito v. Perillo

In an action for an accounting, the plaintiff moves, pursuant to rule 113 of the Rules of Civil Practice, for an interlocutory judgment “ directing that such accounting be heard and determined, as required by law ”.

The plaintiff, in support of the motion, contends that, pursuant to an agreement between defendant and plaintiff, defendant was appointed her exclusive agent to sell property she owned in Italy. The plaintiff states that the defendant sold the property and thereafter delivered to her a check for the sum allegedly realized from the sale and a letter which purportedly accounted for…