Simmons v. Benn

In an action, inter alia, for an accounting, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated March 12,1982, as (1) denied their motion to disaffirm a referee’s report, and (2) dismissed the complaint. Order reversed insofar as appealed from, with costs, plaintiffs’ motion to disaffirm the referee’s report granted, and matter remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith. The parties stipulated in open court that plaintiff William Simmons was a general partner of…