MORITT v. BAROUCH


19 A.D.2d 654 (1963)

Benjamin Moritt, Respondent, v. Joseph D. Barouch, Appellant

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

June 24, 1963


Judgment reversed on the law and a new hearing ordered, with costs to abide the event.

In our opinion the superseding account, dated May 23, 1962, rendered by defendant, was in compliance with the requirements of rule 174 of the Rules of Civil Practice (cf. Adelson v. Dreyman, 274 App. Div. 605; Borenstein v. Borenstein, 258 App. Div. 55). It was, therefore, error for the learned Official Referee to have dismissed such account. Plaintiff should be given...

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