Municipal Bank & Trust Co. v. Cinak Realty Corp.

Appellate Division of the Supreme Court of New York

Municipal Bank & Trust Co. v. Cinak Realty Corp.

232 A.D. 682

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

DecidedJanuary 15, 1931

StatusPublished

This text of 232 A.D. 682 (Municipal Bank & Trust Co. v. Cinak Realty Corp.) 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

Municipal Bank & Trust Co. v. Cinak Realty Corp., 232 A.D. 682 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order appointing referee modified by inserting in place of question No. 4 the following: “ In the event that the rental value as fixed by question No. 1 be in excess of any proper offsets as against the same, properly proven and established, as contained in question No. 3, by whom should such excess be paid? ” The order is further modified by amending the next paragraph thereof so as to provide that the question of the payment of costs and the expenses of the reference be reserved for the determination of the Special Term upon the coming in of the referee’s report. As so modified the order is affirmed, costs to abide the determination of the Special Term. Young, Kapper, Hagarty, Scudder and Tompkins, JJ., concur.

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Order appointing referee modified by inserting in place of question No. 4 the following: “ In the event that the rental value as fixed by question No. 1 be in excess of any proper offsets as against the same, properly proven and established, as contained in question No. 3, by whom should such excess be paid? ” The order is further modified by amending the next paragraph thereof so as to provide that the question of the payment of costs and the expenses of the reference be reserved for the determination of the Special Term upon the coming in of the referee’s report. As so modified the order is affirmed, costs to abide the determination of the Special Term. Young, Kapper, Hagarty, Scudder and Tompkins, JJ., concur.

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Bluebook (online)

232 A.D. 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/municipal-bank-trust-co-v-cinak-realty-corp-nyappdiv-1931.