Slaughter v. Turkel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bernard Turkel and another, copartners, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of May, 1911, denying the defendants’ motion to vacate an order, for - the examination of the defendant Felstiner before trial.
1Opinion of the Court
Clarke, J.:
The complaint is framed in, equity, and the relief demanded is an accounting. This court has repeatedly held that in ah action for an accounting the only examination to which the *621plaintiff is entitled before trial is as to such facts as are material and necessary to be proved to entitle him to an interlocutory judgment. He may not have an accounting until he has first established that he is entitled to it.
The order appealed from should be reversed, with ten- dollars costs and disbursements, and the motion to vacate granted, with ten dollars costs.
Ingraham, P. J., McLaughlin,■…
2Cited by3 opinions
- Bernstein v. ZinickAppellate Division of the Supreme Court of the State of New York · 1930
- Slaughter v. TurkelAppellate Division of the Supreme Court of the State of New York · 1912
- Tooley v. Exempt Firemen's Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 1961