City of New York v. Baker

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the complaint reinstated, with costs.

*792Whatever the limitations on the ultimate collection of any judgment that may be recovered, the bankruptcy court has neither issued a specific stay nor granted prior leave to the city to bring the present plenary suit against the defendants (trustees of a railroad in reorganization under subdivision [a] of section 77 of the Bankruptcy Act [US Code, tit 11, § 205, subd (a)]) for wharfage charges incurred after the commencement of the reorganization and for money damages…