Emerick Mill Co. v. Gay

215 A.D. 659 Court N.Y. App. Div. English

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p. 659

Emerick Mill Company, Respondent, v. Rubert M. Gay, Appellant.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the examination sought cannot properly be had until the plaintiff’s right to any accounting has been determined upon the trial. Present- — Clarke, P. J., Dowling, Finch, McAvoy and Burr, JJ.