Allen v. Allen

In an action for an accounting in which the defendant has interposed counterclaims to impose a trust on the realty involved, the plaintiff moves (1) to examine the defendant before trial and for the production of books and records, and (2) for the appointment of a receiver during the pendency of the action.

In support of the first branch of the motion, the plaintiff states that the defendant has interposed counterclaims to impress a *1090constructive trust upon the real property involved in the instant action and in addition has raised issues by - the denials in his answer concerning which the…