Hofmann v. Kupfer

Interlocutory judgment modified to the extent of eliminating finding of fact numbered 36 ” and conclusion of law numbered “ 13 ” and, as so modified, the interlocutory judgment is affirmed. We think the finding and conclusion indicated are premature and any such finding and conclusion should await the completion of the accounting. Settle order. Present — Peck, P. J., Callahan, Breitel, Bastow and Botein, JJ. [See post, p. 943.]