Pearson v. Pearson

Full title: EMILY PEARSON, Respondent, v. SAMUEL M. PEARSON, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 31, 1972

40 A.D.2d 666 (N.Y. App. Div. 1972)

337 N.Y.S.2d 266

Opinion

October 31, 1972

Order, Supreme Court, New York County, entered September 8, 1971, denying defendant's motion to strike plaintiff's jury demand and to place this cause on the Nonjury Calendar, unanimously reversed, on the law, and the motion granted. Appellant shall recover of respondent $40 costs and disbursements of this appeal. While equity does not have jurisdiction in all matters of partnership ( Burnstine v. Geist, 257 App. Div. 792), it does in this case which is essentially one for an accounting.

Concur — Stevens, P.J., Nunez, Kupferman, Murphy and Eager, JJ.