Lewin v. Brown Drive It Yourself Corp.

Appellate Terms of the Supreme Court of New York

Lewin v. Brown Drive It Yourself Corp.

155 Misc. 225, 280 N.Y.S. 912, 1932 N.Y. Misc. LEXIS 1806

Appellate Terms of the Supreme Court of New York·Decided May 6, 1932·Published·Cited by 1 cases

Opinion

Per Curiam.

After the litigation had terminated and the proceeds received for the benefit of the infant had been deposited with [226]*226the city chamberlain the court had no power to direct payment thereof to the guardian ad litem. Nor do we find any provision of law dispensing with the giving of the bond required by rule 41 of the Rules of Civil Practice under the circumstances which the record discloses.

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Per Curiam.

After the litigation had terminated and the proceeds received for the benefit of the infant had been deposited with [226]*226the city chamberlain the court had no power to direct payment thereof to the guardian ad litem. Nor do we find any provision of law dispensing with the giving of the bond required by rule 41 of the Rules of Civil Practice under the circumstances which the record discloses.

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, Levy, Callahan and Untermyer, JJ.

Lewin v. Brown Drive It Yourself Corp., 155 Misc. 225, 280 N.Y.S. 912, 1932 N.Y. Misc. LEXIS 1806 (N.Y. Ct. App. 1932).

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