WERNER v. JOCELYN-VARN OIL CO.


30 A.D.2d 648 (1968)

Edward A. Werner, on Behalf of Himself and All Other Owners of an Undivided Interest in All Rights, Title, Interests and Claims Acquired by The Jocelyn-Varn Oil Company, 1959 Oil Exploration Program, Similarly Situated, Appellant, v. Jocelyn-Varn Oil Company, Respondent

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

June 11, 1968


Order entered February 5, 1968, unanimously reversed, on the law and the facts and as a matter of discretion, with $50 costs and disbursements to appellant, the order of reference vacated, and the matter remanded to Special Term, Part I, for further proceedings.

Memorandum.

When this matter was before this court on appeal from the interlocutory order directing an account (26 A.D.2d 925), we granted permission to plaintiff...

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