Appelbaum v. Perlmutter

This action was settled by a stipulation, entered into in open court, which provided among other things, for the appointment of an accountant by each party to examine the books and records of the third-party defendant-appellant, and if those accountants failed to agree, for the appointment by the court of an accountant whose decision should be binding. The accountants designated by the parties failing to agree, the court thereafter appointed an accountant to examine the books pursuant to the stipulation. That accountant reported that in view of the lack of information submitted, the facts…