Appellate Division of the Supreme Court of New York, 1911

Cass v. Realty Securities Co.

Cass v. Realty Securities Co.
Appellate Division of the Supreme Court of New York · Decided May 15, 1911
144 A.D. 916; 129 N.Y.S. 400
Cass v. Realty Securities Co.

Opinion of the Court

Per Curiam:

From the papers presented to the court below it appears that, the plaintiffs can be protected by an injunction restraining the *917defendants from distributing or paying out in any way the- moneys involved in this action. Such relief was asked for both in the complaint and in the notice of motion, and we think that relief the court below should have granted. The order, therefore, should be modified by enjoining the defendants as above stated, and as so modified affirmed, without costs to either party. Present—Ingraham, P. J., Clarke, Scott, Miller and Dow-ling, JJ. Order modified as directed in opinion, and as so modified affirmed, without costs. Order, to be settled on notice.

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