Opinion
April, 1929.
Judgment reversed upon the law and the facts, and judgment directed for plaintiff, without costs. The finding that there was a final settlement between the parties was against the weight of evidence and contrary to well-settled authorities in that many items were omitted from the alleged final settlement. Plaintiff's version as to what transpired at the time of the dissolution has the support of the credible evidence herein. Accordingly he is entitled to an accounting of all the items that were allotted to defendant for collection in connect on with an accounting of those that were allotted to himself for collection, which accounting should be had before an official referee. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Lazansky, P.J., Rich, Kapper, Carswell and Scudder, JJ., concur. Settle order on notice.