Title Guarantee & Trust Co. v. Estate of Louis Bossert, Inc.

Appellate Division of the Supreme Court of New York

Title Guarantee & Trust Co. v. Estate of Louis Bossert, Inc.

263 A.D. 1003

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

DecidedMarch 9, 1942

DocketAppeal No. 2

StatusPublished

This text of 263 A.D. 1003 (Title Guarantee & Trust Co. v. Estate of Louis Bossert, Inc.) 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

Title Guarantee & Trust Co. v. Estate of Louis Bossert, Inc., 263 A.D. 1003 (N.Y. Ct. App. 1942).

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Opinion

Appeal from an order denying appellant’s motion to direct the Brooklyn Trust Company, as trustee, to pay, for the account of the receiver herein, pursuant to an agreement, the amount of a judgment obtained by appellant against the receiver. Order affirmed, with ten dollars costs and disbursements, for the following reasons: (a) Appellant had no authority to make such motion for the account of the receiver, (b) Appellant is afforded ample opportunity for relief (1) by plenary action, or (2) under the orders made by Fennelly, J., September 16, 1940, and Nova, J., June 13,1941. Under the latter order the receiver has been directed to proceed. Costs, expenses and fees will be defrayed out of the funds realized after the amounts have been fixed by the court on a supplemental accounting of the receiver. Of course, it is not meant to hold that the costs of the proceeding may not be chargeable against the respondent trustee. Lazansky, P. J., Carswell, Adel and Taylor, JJ., concur; Hagarty, J., not voting.

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Appeal from an order denying appellant’s motion to direct the Brooklyn Trust Company, as trustee, to pay, for the account of the receiver herein, pursuant to an agreement, the amount of a judgment obtained by appellant against the receiver. Order affirmed, with ten dollars costs and disbursements, for the following reasons: (a) Appellant had no authority to make such motion for the account of the receiver, (b) Appellant is afforded ample opportunity for relief (1) by plenary action, or (2) under the orders made by Fennelly, J., September 16, 1940, and Nova, J., June 13,1941. Under the latter order the receiver has been directed to proceed. Costs, expenses and fees will be defrayed out of the funds realized after the amounts have been fixed by the court on a supplemental accounting of the receiver. Of course, it is not meant to hold that the costs of the proceeding may not be chargeable against the respondent trustee. Lazansky, P. J., Carswell, Adel and Taylor, JJ., concur; Hagarty, J., not voting.

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Bluebook (online)

263 A.D. 1003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/title-guarantee-trust-co-v-estate-of-louis-bossert-inc-nyappdiv-1942.