Respondent shall recover of appellants $50 costs and disbursements of this appeal.
Birns and Sullivan, JJ., concur in a memorandum by Sullivan, J., as follows:
The motion to strike counsel's appearance in behalf of defendant City Partners should be granted, but I cannot agree with the analogy Special Term drew of this action, which seeks an examination of the partnership books and an accounting from the sole general partner, Guterman, to a derivative action...
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