MESTER v. MORGENSTERN


286 A.D. 1 (1955)

Murray Mester, Appellant, v. Abraham Morgenstern et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 10, 1955.


Attorney(s) appearing for the Case

Stephen S. Bernstein of counsel (Alvin J. Burnett and Leo M. Drachsler with him on the brief; Hoffman, Buchwald, Nadel & Hoffman, attorneys), for appellant.

Ferdinand Pecora of counsel (David H. Horowitz with him on the brief; Schwartz & Frohlich, attorneys), for respondents.

PECK, P. J., and BASTOW, J., concur with CALLAHAN, J.; RABIN, J., dissents in opinion in which COHN, J., concurs.


CALLAHAN, J.

Plaintiff appeals from an interlocutory judgment awarding him an accounting upon the ground that the trial court failed to appraise properly the terms of a joint venture between the parties and to fix the extent to which plaintiff was to share in the profits. We are in accord with the view of appellant that the court erred in not finding the exact terms of the joint venture and in referring to the Referee...

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