WHITE LUMBER & MILLWORK CORP. v. ANDREOLA


3 A.D.2d 945 (1957)

White Lumber & Millwork Corp., in Behalf of Itself and in Behalf of All Other Persons Entitled to Share in Funds Received by Josephine Andreola and Another, Owners, From the Conveyance of Property Owned by Them and in the Funds Received by G. J. A. Construction Corporation, From the Said Owners in Connection with the Improvement of Aforesaid Real Property, Appellant, v. Josephine Andreola et al., Respondents

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

May 27, 1957


Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

Although plaintiff demanded that defendants serve a statement of account in April, 1955, about seven months before the action was begun and before defendant George Andreola allegedly took sick, no such statement has been furnished to date. During the seven-month interval between the service of the complaint and the entry of judgment, the numerous...

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