Wolfman v. Wilson Building, Inc.

Beargument in this matter was granted informally, and counsel have been heard and their briefs considered. As no order was entered herein upon the decision made July 11,1956, the motion, for summary judgment, has not been finally determined. Now, upon reargument, plaintiff’s motion for summary judgment is denied.

Three counts are included in the complaint, each of them for an accounting. But it is only where an action is brought ‘ ‘ For an accounting arising on a written contract, sealed or unsealed ” (Buies Civ. Prac., rule 113, subd. 8) that a motion for summary judgment may properly be made…