Light v. Schupper

Appellate Division of the Supreme Court of New York

Light v. Schupper

282 A.D. 1043, 126 N.Y.S.2d 388, 1953 N.Y. App. Div. LEXIS 5765

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

DecidedDecember 15, 1953

StatusPublished

This text of 282 A.D. 1043 (Light v. Schupper) 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

Light v. Schupper, 282 A.D. 1043, 126 N.Y.S.2d 388, 1953 N.Y. App. Div. LEXIS 5765 (N.Y. Ct. App. 1953).

Pincite

Opinion

The issues raised by the third party’s assertion of a retaining lien upon the shares of stock in question may not be summarily determined in an application under section 796 of the Civil Practice Act. They must be resolved in an appropriate action brought by a receiver in supplementary proceedings. Accordingly, the order appealed from is modified, without costs, so as to strike provisions of the appointment of a referee, and the matter is remitted to Special Term for the appointment of a receiver. Settle order on notice. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ.

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The issues raised by the third party’s assertion of a retaining lien upon the shares of stock in question may not be summarily determined in an application under section 796 of the Civil Practice Act. They must be resolved in an appropriate action brought by a receiver in supplementary proceedings. Accordingly, the order appealed from is modified, without costs, so as to strike provisions of the appointment of a referee, and the matter is remitted to Special Term for the appointment of a receiver. Settle order on notice. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ.

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Bluebook (online)

282 A.D. 1043, 126 N.Y.S.2d 388, 1953 N.Y. App. Div. LEXIS 5765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/light-v-schupper-nyappdiv-1953.