Appellate Division of the Supreme Court of New York, 1928

In re People

Appellate Division of the Supreme Court of New York · Decided March 30, 1928

223 A.D. 384; 228 N.Y.S. 111; 1928 N.Y. App. Div. LEXIS 6218

Counsel

Joseph C. H. Flynn, Deputy Attorney-General, of counsel [Albert Ottinger, Attorney-General], for the Superintendent of Insurance and the People of the State of New York., Clarence C. Fowler of counsel [Alfred C. Bennett, Francis P. Ward, John M. Downes and Grace G. Dorn with him on the brief], for the Superintendent of Insurance of the State of New York, as liquidator and trustee., Frederick B. Campbell of counsel [Paul C. Whipp with him on the brief], for the First Russian Insurance Company., Walter H. Poliak of counsel [Ruth I. Wilson with him on the brief; Engelhard, Poliak, Pitcher & Stern, attorneys], for G. Frank Dougherty, assignee of foreign claims., Bonis M. Komar, for James A. Tillman.

Opinion of the Court

Per Curiam.

For the reasons stated in the opinion of Martin, J., in Matter of Russian Reinsurance Co. of Petrograd (223 App. Div. 378), and three other cases, herewith handed down, the order appealed from should be modified as therein indicated. In addition, the provisions for a receivership should be ehminated. All disputed questions as to the amount and standing of claims, allowances and the like, are to be heard before the referee. In other respects, the matter should be remitted to Special Term, to be disposed of in connection with the adoption of an adequate plan for a just and final disposition.

Present — Finch, McAvoy, Martin and O’Malley, JJ.

Order modified as indicated in opinion. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.