Opinion
April 26, 1943.
Appeal by two defendants, in an action for an accounting, from an order (a) granting plaintiff's motion to dispense with service of the summons and complaint upon certain defendants residing in foreign countries, and to place the cause on the calendar for trial, and (b) denying the cross motion of appellants for an order dismissing the complaint for insufficiency as against them, or staying all proceedings in the action.
Order affirmed, with ten dollars costs and disbursements, and the cause ordered to be placed upon the Day Calendar of the Special Term for the May term, subject to the approval of the Justice there presiding. The service upon the defendants in foreign countries was dispensed with properly. ( Keene v. Chambers, 271 N.Y. 326.) The complaint states facts sufficient to constitute a cause of action in equity for an accounting against appellants in favor of plaintiff as their subpartner. ( Nirdlinger v. Bernheimer, 133 N.Y. 45, 53; Schantz v. Oakman, 163 N.Y. 148, 156; Stokes v. Stokes, 59 Hun, 431; cf. Hammond Oil Co. v. Standard Oil Co., 259 N.Y. 312, 326; vide Matter of Plessner [ Silberfeld], ante, p. 755, decided herewith.) Close, P.J., Hagarty, Johnston, Taylor and Lewis, JJ., concur.