Frankenstein v. Hamburger — 172 N.Y. 609

Majority

p. 609

Alexander Frankenstein et al., Appellants, v. Barnett Hamburger et al., Defendants, and Isaac M. Berinstein, Respondent.

Headnote

Frankenstein v. Hamburger, 73 App. Div. 352 , appeal dismissed.

(Argued October 7, 1902;

decided October 21, 1902.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 26, 1902, which aifirmed an order of Special Term settling the accounts of a receiver of rents and profits in an action for the foreclosure of a mortgage.

Leona/rcL Bronner and A. B. Ba/rMmrst for .appellants.

Max L. Schallelc for respondent.

Appeal dismissed, with costs, on the ground that the order appealed from ivas made in an action and not in a special proceeding ; no opinion.

Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Vann, Cullen and Werner, JJ.