Pelham Heights Co. v. Johnson — 157 N.Y.S. 1139

Majority

p. 1139

PELHAM HEIGHTS COMPANY, respondent, v. Arland W. JOHNSON and Mary H. Johnson, appellants, and others, defendants.

(Supreme Court, Appellate Division, Second Department.

January 14, 1916.)

Order reversed, and motion to vacate order ^appointing receiver granted, all without costs," upon the ground that we think the defendants should not be dispossessed before the trial which may so speedily be had, with leave, however, to plaintiff to apply for the appointment of a receiver if the trial should terminate in plaintiff’s favor, or if the trial should be unduly delayed by the defendants Johnson, or either of them. Jenks, P. J., and Thomas, Carr, Mills, and Rich, JJ., concur.