Majority
p. 603Louis L. Cage, as Executor, etc., of Isaac Wiseman, Deceased, Substituted Party Plaintiff in Place and Stead of Isaac Wiseman, Deceased, Respondent, v. Fannie Rosenberg, Appellant.
Action for an accounting of upwards of $30,000 alleged to have been turned over by decedent to his sister in trust for him between 1925 and 1930. Interlocutory judgment affirmed, with costs. No opinion. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.; O’Malley, J., dissents and votes to reverse and grant a new trial on the counterclaim.