Kade v. Sanitary Fireproofing & Contracting Co.
| Court | New York Court of Appeals |
| Citation | 257 N.Y. 203,177 N.E. 421 |
| Parties | KADE v. SANITARY FIREPROOFING & CONTRACTING CO. |
| Decision Date | 15 July 1931 |
OPINION TEXT STARTS HERE
Action by Eugene Kade against the Sanitary Fireproofing & Contracting Company. From a judgment of the Appellate Division (227 App. Div. 622, 236 N. Y. S. 78), reversing a judgment for plaintiff and dismissing the complaint for defect of parties, and from an order of the Appellate Division granting a new trial, plaintiff appeals.
Judgment of Appellate Division dismissing complaint reversed, and appeal from order granting new trial dismissed.
Appeal from Supreme Court, Appellate Division, Second department.
Frank H. Hiscock, of Syracuse, and Carroll B. Low and Henry Hoelljes, both of New York City, for appellant.
Julian A. Ronan and Earl H. Gale, both of New York City, for respondent.
The personal representatives of the deceased partner are not necessary parties to this action, brought by one who claims to be a surviving partner to compel an accounting by a third person in possession of the partnership assets.
The order of the Appellate Division granting a new trial is not subject to review upon this appeal from the final judgment. Kade v. Sanitary Fireproofing & Contracting Co., 256 N. Y. 371, 176 N. E. 428.
The judgment dismissing the complaint for defect of parties should be reversed, without costs.
The appeal from the order granting a new trial should be dismissed.
Judgment accordingly.
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