Per Curiam.
The personal representatives of the deceased partner are not necessary parties to this action brought by one who claims to be a surviving partner to compel an accounting by a third person in possession of the partnership assets.
The order of the Appellate Division granting a new trial is not subject to review upon this appeal from the final judgment ( Kade v. Sanitary F. C. Co., 256 N.Y. 371).
The judgment dismissing the complaint for defect of parties should be reversed without costs.
The appeal from the order granting a new trial should be dismissed.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Judgment accordingly.