Starace v. Cimenti

When is a long account .not a ‘ ‘ long account ”? That is the question posed by this motion which seeks a reference under the provisions of CPLR 4317 (subd. [b]).

The underlying cause of action is one for attorney’s fees.

CPLR 4317 (subd. [b]) provides that without consent of the parties: “On motion of any party or on its own initiative, the court may order a reference to determine a cause of action or an issue where the trial will require the examination of a long account, including actions to foreclose mechanic’s liens; or to determine an issue of damages separately triable and not requiring…