Marx v. Jones-McKee, Inc.

To sustain the order appealed from would be to require defendants to account in advance of trial and before plaintiff has established his- right to that relief. (Baum v. Lamborn, 203 App. Div. 86 .) Order modified by denying the motion as to items 2, 3, 4, 7, 8 and 9 in plaintiff’s notice of motion, and as so modified affirmed, without costs. Present — Finch, Merrell, McAvoy, Martin and Sherman, JJ.