Propper v. Taylor — 270 A.D. 890

Majority

p. 890

Henry M. Propper, as Temporary Receiver of Staatlich Genehmigte Gesellschaft Der Autoren, Komponister Und Musikverleger, Respondent, v. Deems Taylor, as President of the American Society of Composers, Authors and Publishers, an Unincorporated Association, Appellant. James E. Markham, as Alien Property Custodian, Appearing Specially, Appellant.

Order entered December 8, 1945, unanimously modified by eliminating the final directory paragraph thereof, and as so modified affirmed, with $10 costs and disbursements to the appellants upon the ground that the court had no jurisdiction of the Alien Property Custodian and no power to make any adjudication affecting his title to the cause of action pleaded. Present — Martin, P. J., Townley, Glennon, Dore and Cohn, JJ.; Dore, J., concurs in the result. Settle order on notice. [ 186 Misc. 72 .]

Cases cited

Propper v. Taylor 186 Misc. 72 N.Y. Sup. Ct. 1945-11-30 p. 890