Percy v. Huyck

This is an appeal from the Appellate Division of the Fourth Department which modified an interlocutory judgment. The case is appealable under our decision in Maggi v. Sabatini (250 N. Y. 296), because the interlocutory judgment directed the immediate delivery of deeds and the assignment of mortgages. The balance of the judgment is for an accounting. We considered such á judgment final as to the former part.

The facts are these: Frank T. Percy was a bachelor, living with his sister at 21 Tracy street, Rochester, N. Y. The title to Tracy street was in this sister, the defendant Elizabeth L.…