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Seth Adamson & Co. v. Smith

278 A.D. 557 Court N.Y. App. Div. Decision date 1951-01-23 English

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p. 557
Seth Adamson & Co., Inc., Appellant-Respondent, v. Samuel Smith et al., Doing business under the Name of S. M. S. Textile Mills, Respondents-Appellants.

Order and interlocutory decree and judgment unanimously affirmed. The seventh cause of action is based on a joint venture. Leave is granted to defendants, if so advised, to move to amend the counterclaim for an accounting to cover the seventh cause of action. The entire accounting, including the seventh cause of action, should be had before an official referee. Present.— Peck, P. J., Glennon, Callahan, Van Voorhis and Shientag, JJ.