In re Zuck

Appellate Division of the Supreme Court of New York

In re Zuck

248 A.D. 591

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1936

StatusPublished

This text of 248 A.D. 591 (In re Zuck) 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.

Bluebook

In re Zuck, 248 A.D. 591 (N.Y. Ct. App. 1936).

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Opinion

This summary proceeding is similar to one brought by Jacob Pohs against the same attorney and grows out of the same agreement, which is silent as to how the amount received in settlement of petitioner’s stockholder’s derivative action and Pohs' action for conversion of assets should be apportioned among petitioner, Pohs and one Hirseh, who also has instituted a summary proceeding against appellant. For the reasons indicated in our decision in Matter of Pohs (243 App. Div. 709), the order granting petitioner’s motion to confirm the report of the official referee and directing respondent to pay petitioner $2,256.65 is reversed on the law and facts, without costs, the motion denied and the proceeding dismissed, without costs. The findings of the official referee numbered 14 and 16 are reversed. Appeals from orders entered June 11, 1934, and May 15, 1935, dismissed. Lazansky, P. J., Young, Davis, Johnston and Adel, JJ., concur.

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This summary proceeding is similar to one brought by Jacob Pohs against the same attorney and grows out of the same agreement, which is silent as to how the amount received in settlement of petitioner’s stockholder’s derivative action and Pohs' action for conversion of assets should be apportioned among petitioner, Pohs and one Hirseh, who also has instituted a summary proceeding against appellant. For the reasons indicated in our decision in Matter of Pohs (243 App. Div. 709), the order granting petitioner’s motion to confirm the report of the official referee and directing respondent to pay petitioner $2,256.65 is reversed on the law and facts, without costs, the motion denied and the proceeding dismissed, without costs. The findings of the official referee numbered 14 and 16 are reversed. Appeals from orders entered June 11, 1934, and May 15, 1935, dismissed. Lazansky, P. J., Young, Davis, Johnston and Adel, JJ., concur.

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Bluebook (online)

248 A.D. 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-zuck-nyappdiv-1936.

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