Gorman v. LaBell
This text of 236 A.D. 860 (Gorman v. LaBell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
I dissent and vote to reverse the order appointing
the receiver on the ground that the action in partition must proceed under the laws of the State of New York, where the property is situated; that the motion papers show that the alleged death of intestate is predicated only on a presumption of death not available under the laws of this State; and that the action is prematurely brought and furnishes no warrant for the appointment of a receiver. (Civ. Prac. Act, § 974; 34 Cyc. 35; People v. Mayor, 19 How. Pr. 289, 306; Hastings v. Tousey, 121 App. Div. 815.) Rhodes, J., concurs.
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236 A.D. 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorman-v-labell-nyappdiv-1932.