Pines v. Beck

Plaintiffs and the impleaded defendant appeal from an order of the Appellate Division, First Department, which modified and, as modified, affirmed (one Justice dissenting) an interlocutory judgment of the Supreme Court, New York County, granting plaintiffs an accounting under a contract for the joint exploitation of defendant’s invention, a military flame thrower. The appeal from the nonfinal order is by leave of the Appellate Division upon the following certified questions:

“ 1. The affirmative defenses and counterclaims having been dismissed upon the merits, did the pleadings and the…