Majority
p. 388May M. Gibson, Respondent, v. Emil Albert Widman, Appellant.
Headnote
Beference to hear and determine — not ordered, in an action for an accounting, prior to the entry of the interlocutory judgment,A reference to hear and determine the issue, arising in an action for an accounting, cannot be ordered prior to the entry of an interlocutory judgment directing an accounting.
Appeal by the defendant, Emil Albert Widman, from an order of the Supreme Court, made at' the New York Special Term and entered in the office'of the clerk of the county of New York on the 22d day of May, 1905, granting the plaintiff’s motion to refer the issues in the above-entitled action and appointing a referee.
Ralph Wolf, for the appellant.
William W. Wingate, for the respondent.
This action being for an accounting, a reference to hear and determine the issues cannot be ordered prior to the entry of an interlocutory judgment providing for an accounting. If the parties are entitled to such an interlocutory judgment upon the pleadings, that relief can be granted by motion and a proper interlocutory judgment entered. An accounting may then be taken before a referee,
Tile order appealed from should "be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. ,
' Present — O’Brien, P. J., Patterson, Ingraham, McLaughlin and Hatch, JJ.
Order reversed, with • ten dollars costs and disbursements, and motion denied, with ten dollars costs.