Opinion
August, 1905.
The partition action in this case relates only to real estate, We think the parties are entitled to an accounting in the Surrogate's Court notwithstanding the pendency of that action, and that the case of Ludwig v. Bungart ( 48 App. Div. 613), cited by the learned surrogate, is not controlling under these circumstances. Order dismissing proceedings reversed, and the matter remitted to the Surrogate's Court of Kings county for disposition. Hirschberg, P.J., Bartlett, Woodward, Jenks and Miller, JJ., concurred.