Opinion
December 7, 1942.
Present — Lazansky, P.J., Hagarty, Carswell, Adel and Close, JJ.
In an action for an accounting of rents and profits, interlocutory judgment, and order granting reargument, and, on reargument, adhering to the original decision and, in addition, referring the accounting and the issue of the conclusiveness of a prior judgment to an official referee for determination, in so far as appealed from, unanimously affirmed, with costs. The determination of the official referee in the action by Joseph Kalamon against defendants other than the present respondent, which determination was not even followed in the final judgment which was entered in that action, has no binding effect in the present action involving different parties, both plaintiff and defendant.