Pincus v. Tonkelson

Appellate Division of the Supreme Court of New York

Pincus v. Tonkelson

272 A.D.2d 1006

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

DecidedOctober 28, 1947

StatusPublished

This text of 272 A.D.2d 1006 (Pincus v. Tonkelson) 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

Pincus v. Tonkelson, 272 A.D.2d 1006 (N.Y. Ct. App. 1947).

Pincite

Opinion

While we think that, under the circumstances in this case, the appointment of a receiver may have been justified at the time the order was made, the interests of the parties will best be served by a prompt trial. In view of the fact that the receivership has been stayed and the receiver has not gone into possession, we will allow the matter to remain in statu gwo until the determination on the trial. The order is therefore unanimously reversed, without costs,' and the case set for trial at Special Term on a day to be fixed in the order to be entered herein. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.

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While we think that, under the circumstances in this case, the appointment of a receiver may have been justified at the time the order was made, the interests of the parties will best be served by a prompt trial. In view of the fact that the receivership has been stayed and the receiver has not gone into possession, we will allow the matter to remain in statu gwo until the determination on the trial. The order is therefore unanimously reversed, without costs,' and the case set for trial at Special Term on a day to be fixed in the order to be entered herein. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.

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Bluebook (online)

272 A.D.2d 1006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pincus-v-tonkelson-nyappdiv-1947.