Majority
p. 877Leon Alpert and Hyman Weinstein, Individually and as Members of a Liquidating Committee, and Leon Alpert, Individually and as a Creditor of B. B. Manufacturing Co., Inc., Suing on His Own Behalf and on Behalf of All Other Creditors of Said B. B. Manufacturing Co., Inc., Similarly Situated and Who May Desire to Join in This Action and Contribute to the Expenses Thereof, Respondents, v. B. B. Manufacturing Co., Inc., and Elias Karmon, Appellants, and Hyman Salmonson, Defendant.
In an action for an accounting brought by the plaintiffs, as a liquidating committee, against the corporate defendant and its single stockholder and president, the plaintiffs have been granted an interlocutary judgment directing an accounting. Interlocutory judgment unanimously affirmed, with costs. No opinion. The findings of fact are modified by striking out findings XXXVII to XXXIX, as having no place in this branch of the action. The matters therein referred to are properly a part of the accounting branch of the action. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.