Order denying appellant's motion to dismiss the second cause of action for insufficiency, under subdivision 5 of rule 106 of the Rules of Civil Practice, reversed, with $10 costs and disbursements, and motion granted, without costs. The questioned cause of action is by one partner against another to recover his claimed share of money alleged to have been fraudulently withdrawn from the partnership funds by means of false invoices rendered by defendant to the partnership over a period of several months when, in fact, the merchandise stated in such invoices to have been delivered to the partnership by defendant was not so delivered. The cause of action alleges that before the commencement of the action the partnership was dissolved and the accounts of the partners were settled and adjusted in accordance with a financial statement prepared by defendant which did not reflect such fraudulent withdrawals of the partnership funds. An action at law may not be maintained by one partner against another for any claim arising from the partnership business until there has been a full accounting of such business, a balance struck and an express agreement to pay. ( Belanger v. Dana, 52 Hun 39, 42; Arnold v. Arnold, 90 N.Y. 580, 583; Dalury v. Rezinas, 183 App. Div. 456, 460, affd. 229 N.Y. 513.) Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur. [See post, p. 962.]