Taylor Specialty Stores, Inc. v. Schneider

Appellate Division of the Supreme Court of New York

Taylor Specialty Stores, Inc. v. Schneider

244 A.D. 809

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1935·Published

Opinion

In a general assignment proceeding under the Debtor and Creditor Law, order removing a Municipal Court action and consolidating it with the general assignment proceeding reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, the Special Term had no power to make the consolidation, and furthermore, assuming that the court had such power, its discretion was not properly exercised. Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.

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In a general assignment proceeding under the Debtor and Creditor Law, order removing a Municipal Court action and consolidating it with the general assignment proceeding reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, the Special Term had no power to make the consolidation, and furthermore, assuming that the court had such power, its discretion was not properly exercised. Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.

Taylor Specialty Stores, Inc. v. Schneider, 244 A.D. 809 (N.Y. Ct. App. 1935).

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