EPSTEIN v. PAGANNE LTD.


39 A.D.2d 855 (1972)

Donald Epstein et al., Individually and Doing Business as Deco, Respondents, v. Paganne Ltd., Appellant Paganne Ltd., Appellant, v. Donald Epstein et al., Individually and Doing Business as Deco, Respondents

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

June 6, 1972


Unanimously reversed, on the law, and the motion granted. Appellant shall recover of respondents $30 costs and disbursements of this appeal.

Respondent, in action numbered 1, seeks in addition to money damages "an accounting from the defendants of the merchandise sold by said defendants in the entire territory or territories specified in the said contract between the parties". Clearly, therefore, the complaint seeks other than a sum of money only (CPLR 4101, subd...

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