← Cases

Dandry v. Dandry

23 A.D.2d 498 Court N.Y. App. Div. Decision date 1965-01-18 English

Contents

Majority

p. 498
Joseph Dandry, Respondent, v. Patrick Dandry et al., Appellants.

— In an action for dissolution of a partnership, an accounting and other relief, defendants appeal from an order of the Supreme Court, Westchester County, dated June 30, 1964, which granted plaintiff’s motion for the appointment of a receiver pendente lite, and which inter alla appointed such receiver. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, under the circumstances here, it was an improvident exercise of discretion to appoint the receiver; an early trial will adequately protect the interests of the parties (S. Z. B. Gorp. v. Buth, 14 A D 2d 678 ; Glassner v. Kaufman, 19 A D 2d 885 ). Beldock, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

Cases cited