Appellate Division of the Supreme Court of New York, 1924

Peoples Trust Co. v. Long Beach Water Co.

Peoples Trust Co. v. Long Beach Water Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1924
209 A.D. 903
Peoples Trust Co. v. Long Beach Water Co.

Opinion of the Court

Order, in so far as it denies the receiver’s motion to be put in possession of the water plant at Long Beach, affirmed, with leave to renew in the event that the city of Long Beach fails to file the security required by section 23 of the Condemnation Law, as specified in the decision in the condemnation proceeding (City of Long Beach v. Long Beach Water Co., ante, p. 902), decided herewith. The remaining provisions of the order appealed from are reversed on the law and the facts. As thus modified the order is affirmed, without costs. No opinion. Kelly, P. J., Rich, Jayeox, Kelby and Kapper, JJ., concur. Settle order on notice.

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