Appellate Division of the Supreme Court of New York, 1934

Delaware & Hudson Co. v. Mechanicville & Fort Edward Railroad

Delaware & Hudson Co. v. Mechanicville & Fort Edward Railroad
Appellate Division of the Supreme Court of New York · Decided July 15, 1934
242 A.D. 722
Delaware & Hudson Co. v. Mechanicville & Fort Edward Railroad

Opinion of the Court

Judgment affirmed, with costs. Hill, P. J., Rhodes, Bliss and Heffernan, JJ., concur; Crapser, J., concurs in the result, upon the grounds stated in his opinion in the injunction action decided herewith [Boston & Maine Railroad v. Delaware & Hudson Co., ante, p. 714], that the injunction action only restrained the Delaware and Hudson Corporation so far as the matters litigated in the 1916 action. That outside of these matters the plaintiff is entitled to have a receiver appointed as to property not mentioned in the 1916 action.

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