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State Bank v. Cohen

137 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1912-04-09 English

Delivered by GIEGERICH, J.

Contents

Majority

p. 1145
STATE BANK v. COHEN et al.
(Supreme Court, Special Term, New York County.
April 9, 1912.)

Headnote

Action by the State Bank against Jacob Cohen and another. Motion to compel receiver to pay over moneys granted. See, also, 124 N. Y. Supp. 433 ; 137 N. Y. Supp. 1145. Walter T. Kohn, of New York City, for the motion. 'Hays, Hersehfield & Wolf, of New York City, opposed.

Under the decision of the Appellate Division of the Second Department in Abrahams v. Berkowitz, 146 App. Div. 563 , 131 N. Y. Supp. 257 , the application of the plaintiff that the receiver pay over to it the funds in his possession on account of the mortgage which was foreclosed in this action must be granted. Settle order on notice.