New York State Teachers' Retirement System v. Mashan Realty Corp.

Appellate Division of the Supreme Court of New York

New York State Teachers' Retirement System v. Mashan Realty Corp.

257 A.D. 951, 13 N.Y.S.2d 239, 1939 N.Y. App. Div. LEXIS 8641

Appellate Division of the Supreme Court of the State of New York·Decided June 29, 1939·Published

Opinion

Per Curiam.

Since the extent of the receiver’s services and the value and propriety of the repairs are strongly controverted by affidavit, we think the Special Term, in the exercise of discretion, should have referred the matter to an official referee to hear and report.

[952]*952The order should be modified accordingly.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Order unanimously modified by referring the matter to an official referee to hear and report. Settle order on notice.

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Per Curiam.

Since the extent of the receiver’s services and the value and propriety of the repairs are strongly controverted by affidavit, we think the Special Term, in the exercise of discretion, should have referred the matter to an official referee to hear and report.

[952]*952The order should be modified accordingly.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Order unanimously modified by referring the matter to an official referee to hear and report. Settle order on notice.

New York State Teachers' Retirement System v. Mashan Realty Corp., 257 A.D. 951, 13 N.Y.S.2d 239, 1939 N.Y. App. Div. LEXIS 8641 (N.Y. Ct. App. 1939).

Pincite

257 A.D. 951 (New York State Teachers' Retirement System v. Mashan Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.