Appellate Division of the Supreme Court of New York, 1905

M. Perez Co. v. Apfel

M. Perez Co. v. Apfel
Appellate Division of the Supreme Court of New York · Decided December 15, 1905
110 A.D. 866; 95 N.Y.S. 1148
M. Perez Co. v. Apfel

Opinion of the Court

Per Curiam;

. Upon condition that the defendant give an undertaking with two sureties to pay any judgment that the plaintiff may recover against him, the order appealed from denying a motion for the appointment of a receiver and for an injunction should be affirmed, without costs. If he-should refuse or neglect within ten days after service of a copy of the order to be entered hereon to give ' ' such undertaking the order, appealed, from will be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present—‘ ' O’Brien, P. J., Patterson, Ingraham, Laughlin .and Clarke, JJ.' Order affirmed, without costs, on defendant complying with conditions stated in opinion; other- ■ wise, order reversed, with ten dollars costs and disbursements, and (motion granted, with ten dollars costs. " . ■''

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