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Ganun v. Palmer

145 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1914-01-09 English

Contents

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p. 1124
GANUN, Appellant, v. PALMER, Respondent.
(Supreme Court, Appellate Division, Second Department.
January 9, 1914.)

Headnote

Action by Mary F. Ganun, on behalf of herself, etc., against Mary E. Palmer, individually and as executrix, etc.

Pending the determination of the appeal from the judgment to the Court of Appeals, the defendant is enjoined from in any way selling or incumbering the property involved in the judgment in the trial court, provided plaintiff shall within 10 days give a written undertaking, approved by this court, conditioned for the payment to defendant of such damages as she may suffer by reason of such appeal and the injunction hereby ordered, not exceeding the sum of $2,500. Pending such appeal, however, the income from such property shall be paid to defendant, and may be used by her to the same extent as if the injunction were not granted. Settle order before Mr. Justice Thomas. See, also, 159 App. Div. 86 , 144 N. Y. Supp. 457 .

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