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M. Perez Co. v. Apfel

110 A.D. 866 Court N.Y. App. Div. English

Contents

Majority

p. 866
M. Perez Company, Appellant, v. Nathan Apfel, Defendant, and Jacob Broda Respondent.

Headnote

Appeal from order denying motion fbr appointment of receiver. . _.

. Upon condition that the defendant give an undertaking with two sureties to pay any judgment that the plaintiff may recover against him, the order appealed from denying a motion for the appointment of a receiver and for an injunction should be affirmed, without costs. If he-should refuse or neglect within ten days after service of a copy of the order to be entered hereon to give ' ' such undertaking the order, appealed, from will be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present—‘ ' O’Brien, P. J., Patterson, Ingraham, Laughlin .and Clarke, JJ.' Order affirmed, without costs, on defendant complying with conditions stated in opinion; other- ■ wise, order reversed, with ten dollars costs and disbursements, and (motion granted, with ten dollars costs. " . ■''