Di Filippo v. Gargiulo

Defendant appeals from a judgment of $164,485 entered against him in plaintiff’s favor by a private Beferee appointed by Special Term to hear and determine the issues on defendant’s accounting to plaintiff, an assignee, in connection with the management of an Italian-American restaurant in Coney Island from 1935 to 1948. After two days’ trial at Special Term, the parties stipulated to discontinue the action against all defendants except Louis Grargiulo (hereinafter “ defendant ”), to eliminate from the complaint all allegations of conspiracy and fraud alleged to have been committed by…