Sanford v. Powers

— Order unanimously affirmed, without costs. Memorandum: Essentially, plaintiff’s complaint seeks a dissolution of his partnership with defendant, an accounting, a sale of partnership assets and a division of the proceeds thereof. Defendant’s answer seeks similar relief. Upon defendant’s alleged failure to have complied with an order of June 17,1980, directing that he file a $50,000 undertaking, and his alleged failure to have co-operated with a receiver appointed pursuant to that order, plaintiff moved for a default judgment. Defendant submitted an answering affidavit in which he asserted…