Schwartzman v. Weintraub

Order, Supreme Court, New York County, entered May 7, 1973, unanimously affirmed, without costs and without disbursements. The amended complaint contained three causes of action, all based on an alleged oral agreement. The first cause of action sought an accounting. When plaintiff realized that the presence of this equitable claim would prevent his getting a jury trial, he moved to serve a second amended complaint in which this cause of action was omitted. We believe he had a right to do so. We also believe he would be entitled to the discovery he seeks, with the limitation implicit in the…