Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant Jerome M. Wiesenthal leave to replead the counterclaims as an action in equity for an accounting; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff is the preliminary executrix of the estate of her late husband, Melvin Wiesenthal (hereinafter the decedent). For a number of years, the decedent and his brother...
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