Order modified, on the law, by deleting the provision granting plaintiff's motion and substituting a provision denying the motion. As so modified, order affirmed, with $50 costs and disbursements to defendant.
In the absence of an interlocutory judgment establishing plaintiff's right to an accounting in the first instance, it was improper for Special Term to direct the issuance of a commission pursuant to CPLR 3108, inter alia, to discover and inspect defendant...
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