Howell v. German Theatre, Inc.
New York Supreme Court
Motion to vacate an order for the examination of a third party.
1Opinion of the CourtGiegerich, J.
This is a motion by the Fifty-ninth Street & Madison Avenue Company, a third party, for whose examination an order has been obtained, under section 2441 of the Code of Civil Procedure, to vacate such order upon the ground that, at the time it was granted, a temporary receiver of the property of The German Theatre, Inc., the judgment debtor in this proceeding, had already been appointed in an action brought by one Maurice Baumfeld on behalf of himself and all the other stockholders of The German .Theatre, Inc., who might elect to become parties to the action and contribute to the expense…
2Cases cited6 opinions
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Popper v. Supreme Council of the Order of Chosen FriendsAppellate Division of the Supreme Court of the State of New York · 1901
- Reusens v. Manufacturing & Selling Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Smith v. CutterAppellate Division of the Supreme Court of the State of New York · 1901
- Bucki v. BuckiNew York Supreme Court · 1899
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