Tarulli v. Rocchio

In an action by plaintiff, the legal representative of a deceased partner, against defendant, the surviving partner, for an accounting, the court denied a motion by plaintiff to dismiss an alleged counterclaim set forth in the answer and, in effect, granted an interlocutory judgment upon the pleadings, directing an accounting by defendant. Prom the interlocutory judgment so entered, and from an order denying a motion by defendant to resettle said interlocutory judgment, the defendant appeals. Judgment modified on the law and the facts by (1) striking out all of the second ordering paragraph…