Appellate Division of the Supreme Court of New York, 1965

Dandry v. Dandry

Dandry v. Dandry
Appellate Division of the Supreme Court of New York · Decided January 18, 1965
23 A.D.2d 498; 256 N.Y.S.2d 566; 1965 N.Y. App. Div. LEXIS 5025
Dandry v. Dandry

Opinion of the Court

— In an action for dissolution of a partnership, an accounting and other relief, defendants appeal from an order of the Supreme Court, Westchester County, dated June 30, 1964, which granted plaintiff’s motion for the appointment of a receiver pendente lite, and which inter alla appointed such receiver. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, under the circumstances here, it was an improvident exercise of discretion to appoint the receiver; an early trial will adequately protect the interests of the parties (S. Z. B. Gorp. v. Buth, 14 A D 2d 678; Glassner v. Kaufman, 19 A D 2d 885). Beldock, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

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