Rinehart v. Hasco Building Co. — 214 N.Y. 635

Majority

p. 635

John B. G. Rinehart, as Receiver of Property of Caroline Barry, Deceased, Appellant, v. The Hasco Building Company et al., Respondents.

(Argued February 1, 1915;

decided February 25, 1915.)

Headnote

Rinehart v. Hasco Building Co., 153 App. Div. 153 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1912, affirming a judgment dismissing the complaint entered upon an order of Special Term granting a motion by defendants for judgment in their favor on the pleadings in an action to recover for injuries to real property through excavations on adjoining premises. The question involved was whether a receiver appointed in an action of partition could main

p. 636

tain an action to recover for damages to the property involved.

William D. Bosler for appellant.

Carl S. Flanders for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan, Miller and Seabury, JJ.