Rubinstein v. Rubinstein

Motion to vacate ex parte order for examination under section 1094-a of the Civil Practice Act is granted. The section authorizes an examination only in an action to recover a chattel, and the complaint here refers only to shares of stock and makes no reference to any certificate representing or evidencing such shares. Even if it had referred to such certificate T think the result would be the same. Certificates of stock are personal property, but they are not chattels. (Ajax Craftsmen, Inc., v. Whinston, 269 N. Y. 7; Gen. Constr. Law, § 15; Niles v. Mathusa, 162 N. Y. 546; Crocker Fire…