MacAffer v. Boston & Maine Railroad — 242 A.D. 745

Majority

p. 745

Kenneth S. MacAffer, as Receiver of the Property, Rights and Assets of The Mechanicville and Fort Edward Railroad Company; Kenneth S.

p. 746

MacAffer, as Successor Trustee of The Mechanioville and Fort Edward Railroad Company, and The Mechanicville and Fort Edward Railroad Company, Respondents, v. Boston and Maine Railroad, Appellant.

Motion to be allowed to appeal to the Court of Appeals granted. The court certifies that questions of law have arisen which in its opinion ought to be reviewed by the Court of Appeals, and hereby certifies the following questions: 1. Upon the record herein is defendant entitled to judgment dismissing the complaint in this action on the part of The Meohanioville and Fort Edward Railroad Company, pursuant to subdivision 3 of rule 107 of the Rules of Civil Practice? 2. Is The Mechanic-ville and Fort Edward Railroad Company properly named as a party plaintiff herein by virtue of section 29 of the General Corporation Law, as amended by chapter 552 of the Laws of 1932? Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ. [See ante, p. 136.]