SILBERFELD v. SWISS BANK CORPORATION

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.