Opinion
March 28, 1960
In an action for an accounting, the appeal by notice dated October 9, 1959 is (1) from so much of an order entered September 2, 1959 as denied appellant's motion to examine respondent before trial, and (2) from so much of an order entered October 5, 1959 as on reargument adhered to the original decision. Order entered October 5, 1959, insofar as appealed from, affirmed, with $50 costs and disbursements. No opinion. Appeal from order entered September 2, 1959 dismissed, without costs. ( Graffeo v. Graffeo, 7 A.D.2d 741.)
A motion to dismiss the complaint for insufficiency was denied, and no appeal has been taken from the order entered thereon. Consequently, appellant is entitled to an examination as to the material facts which are in dispute.