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BALL MOTORS, INC. v. ORANGE COUNTY TRUST CO.

8 A.D.2d 937 (1959)

Ball Motors, Inc., Appellant, v. Orange County Trust Company, et al., Respondents

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

July 6, 1959

Order affirmed, without costs, and without prejudice to renewal of the motion.

The motion was properly denied on the grounds that rule 113 of the Rules of Civil Practice, in effect at the time when the motion was made, did not provide for summary judgment in an action for an accounting except in a case in which the right to an accounting arose under a written contract. We do not decide whether the order might properly be reversed...

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