Opinion
December 20, 1946.
Appeal from Supreme Court, New York County.
The Special Term properly denied defendant's motion for leave to renew an application to open a default of defendant and to reinstate his answer.
Upon the accounting which defendant must now render, he will be required to set forth all receipts of compensation during the term of the partnership and to account for whatever moneys he has otherwise received in the course of that relationship. He will likewise be afforded ample opportunity of showing what disbursements and distributions were made for which he is entitled to receive credit. By final decree the court will thereafter adjust the affairs of the partnership and of the parties.
The order should be affirmed, with $20 costs and disbursements.
Martin, P.J., Glennon, Cohn, Callahan and Peck, JJ., concur.
Order unanimously affirmed, with $20 costs and disbursements. [See post, p. 916.]