Kade v. Sanitary Fireproofing & Contracting Co.

| NY | Jul 15, 1931

The personal representatives of the deceased partner are not necessary parties to this action brought by one who claims to be a surviving partner to compel an accounting by a third person in possession of the partnership assets.

The order of the Appellate Division granting a new trial is not subject to review upon this appeal from the final judgment (Kade v. Sanitary F. C. Co., 256 N.Y. 371" court="NY" date_filed="1931-05-19" href="https://app.midpage.ai/document/kade-v-sanitary-fireproofing--contracting-co-3612677?utm_source=webapp" opinion_id="3612677">256 N.Y. 371).

The judgment dismissing the complaint for defect of parties should be reversed without costs.

The appeal from the order granting a new trial should be dismissed.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.

Judgment accordingly.