Opinion
April, 1927.
Order requiring plaintiff separately to state and number alleged causes of action reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Plaintiff states but one cause of action. It is alleged that, while the partnership between plaintiff and the two individual defendants was in effect, the latter took all the property of the partnership and placed it in the possession and under the control of the corporation, in which they were the sole parties in interest. This property was used in the business of the corporation, together with property of the corporation, and these properties had become so intermingled that the former can no longer be identified. Plaintiff seeks a dissolution of the partnership, to have his two partners account, and also the corporation, which really is these two partners as far as the property so taken is concerned. Kelly, P.J., Young, Kapper, Lazansky and Hagarty, JJ., concur.