Majority
p. 936In the Matter of the Application of Knapp & French, Inc., for Voluntary Dissolution. Edward J. Knapp, Appellant; Robert E. Simon, Receiver, Respondent.
Headnote
Appeal from an order of the Supreme Court, made on the 20th day of August, 1915, and entered in the New York county clerk’s office, granting a motion made by the receiver herein to enjoin the appellant, Edward J. Knapp, from interfering with the possession of said receiver; and also from an order made on the 25th day of August, 1915, denying a motion for reargument.The restraining order appealed from is modified by striking out the last clause thereof which orders the appellant Knapp, within five days after service of a copy of the order, to pay to the temporary receiver all sums collected by him as rent of the premises owned by the above-named corporation, and as so modified affirmed, without costs. The appeal from the order denying motion for reargument is dismissed. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Smith, JJ. Order modified as stated in opinion, and as modified affirmed, without costs. Appeal from order denying reargument dismissed. Order to be settled on notice.