Appellate Division of the Supreme Court of New York, 1939

New York State Teachers' Retirement System v. Mashan Realty Corp.

New York State Teachers' Retirement System v. Mashan Realty Corp.
Appellate Division of the Supreme Court of New York · Decided June 29, 1939
257 A.D. 951; 13 N.Y.S.2d 239; 1939 N.Y. App. Div. LEXIS 8641
New York State Teachers' Retirement System v. Mashan Realty Corp.

Opinion of the Court

Per Curiam.

Since the extent of the receiver’s services and the value and propriety of the repairs are strongly controverted by affidavit, we think the Special Term, in the exercise of discretion, should have referred the matter to an official referee to hear and report.

*952The order should be modified accordingly.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Order unanimously modified by referring the matter to an official referee to hear and report. Settle order on notice.

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