Levy v. Kellner — 170 A.D. 957

Majority

p. 957

Leopold Levy, Respondent, v. Henry B. Kellner, Appellant, Impleaded with Others.

Headnote

Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 14th day of May, 1915, denying a motion to direct the chamberlain of the city of Hew York to pay to the defendant Kellner a balance of money deposited with him pursuant to a judgment.

The order appealed from is reversed, with ten dollars costs and disbursements, and the motion granted requiring the chamberlain to pay to the défendant Kellner the amount on deposit with the chamberlain in excess of $4,500; said $4,500 to be retained by the chamber

p. 958

lain pending the final disposition of the action. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted as stated in opinion. Order to be settled on notice.