GOERGEN v. NEBRICH


4 A.D.2d 526 (1957)

Alois E. Goergen, Respondent, v. Frank X. Nebrich et al., as Committee of Peter C. Nebrich, an Incompetent Person, et al., Appellants

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

November 13, 1957.


Attorney(s) appearing for the Case

John J. Olszewski for respondent.

John F. Canale and Frederick M. Marshall for appellants.

All concur. Present — VAUGHAN, J. P., KIMBALL, WILLIAMS, BASTOW and GOLDMAN, JJ.


Per Curiam.

We treat the "order" appealed from as an interlocutory judgment. The counterclaim, so-called, and the affirmative defenses were properly stricken out and judgment of dissolution of the partnership pursuant to section 63 of the Partnership Law was properly granted. It remained, therefore, the function of the court to direct the accounting and to supervise the winding up of the partnership pursuant to section...

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