Legal Opinion

Whyte v. Denike

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900Published

Appeal by the plaintiff, James A. Whyte, as receiver of the property of Charles W. Denike, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of May, 1900, granting the motion of the defendant Mary A. Denike to vacate and set aside an ex parte order made on March' 19, 1900, directing one Morris Zindell, tenant of 213 Myrtle avenue, to attorn to said James A. Whyte, as receiver…

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Appeal by the plaintiff, James A. Whyte, as receiver of the property of Charles W. Denike, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of May, 1900, granting the motion of the defendant Mary A. Denike to vacate and set aside an ex parte order made on March' 19, 1900, directing one Morris Zindell, tenant of 213 Myrtle avenue, to attorn to said James A. Whyte, as receiver of the property of Charles W. Denike, and to pay the rent of said premises to him.

1Opinion of the Court

WOODWAED, J. :

The plaintiff in this action was appointed receiver of the property of Charles W. Denike, one of the defendants, in supplementary proceedings on or about the 30th day of December, 1895. He duly qualified, and has since acted in such capacity. Sometime subsequent to his appointment as such receiver, plaintiff brought the above-entitled action to set aside as fraudulent a certain deed, dated the 17th day of April, 1893, executed and delivered by Charles W. Denike to his wife, Mary A. Denike. The action resulted in a judgment which ad judged and decreed that the said conveyance was…

2Cases cited2 opinions

  1. Moore v. DuffyNew York Supreme Court · 1893
  2. Stiefel v. BerlinAppellate Division of the Supreme Court of the State of New York · 1898

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