Opinion
December 17, 1937.
Appeal from Supreme Court of New York County.
J.T. Mahoney of counsel [ A.L. Spitzer, L. Acker and E. Tuck, with him on the brief; A. Lewis Spitzer, attorney], for the appellant.
Sidney I. Prager, for the respondent.
Present — MARTIN, P.J., GLENNON, DORE, COHN and CALLAHAN, JJ.
The interlocutory judgment directing defendants to file a verified accounting of the interest of Emanuel W. Kaiser in the partnership of Louis Kaiser Co. as of January 4, 1930, the date of his death, we believe to be proper. However, due weight should be given to the report of the certified public accountants, Leslie Banks Co., which was completed as at the close of business of October 31, 1929. That audit, which contains a balance sheet of the firm's assets and liabilities and a schedule of each partner's interest in the capital of the firm and in his individual accounts, was certified by the decedent as correct "in every particular" by letter dated November 18, 1929.
The judgment should be affirmed, with costs.
Judgment unanimously affirmed, with costs.