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Levy v. Kellner

155 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1915-10-15 English

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p. 1120
LEVY, Respondent, v. KELLNER, Appellant, et al.
(Supreme Court, Appellate Division, First Department.
October 15, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Leopold Levy against Henry B. Kellner, impleaded with others. From an order denying a motion to direct the chamberlain of the city of New York to pay defendant Kellner a balance of money deposited with him, said defendant appeals.
Reversed, and motion granted.
Charles Meyers, of New York City, for appellant.
John D. Connolly, of New York City, for respondent.

The order appealed from is reversed, with $10 costs and disbursements, and the motion granted, requiring the chamberlain to pay to the defendant Kellner the amount on deposit with the chamberlain in excess of $4,-500; said $4,500 to- be retained by the chamberlain pending the final disposition of the action. Settle order on notice.