Legal Opinion

Miller v. Albertina Realty Co.

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

Decided November 4, 1921PublishedCited by 5 opinions

Appeal by the defendants, Albertina Realty Company, Inc., and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of August, 1921, appointing a referee to take proof of the disputed facts arising upon the motion and report thereon to the court, and also from an order entered in said clerk’s office on the 17th day of August, 1921, denying a motion for reargument.

1Opinion of the Court

Page, J.:

The motion was for the appointment of a receiver pendente lite of the defendant Albertina Realty Company, Inc. The *341facts as disclosed by the complaint and affidavits are that Albertina Miller during her lifetime owned certain real estate on Riverside Drive. By her will she gave her husband a life interest in one-third of the property and the other two-thirds to her children.

After her death the husband and children incorporated the Albertina Realty Company and conveyed to it all their right, title and interest in the property, and shares of stock were issued to each in proportion to…

2Cases cited3 opinions

  1. Fenn v. W. M. Ostrander, Inc.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Phillips v. Sonora Copper Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. In re WarrenAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by5 opinions

  1. New York State Crime Victims Board v. AbbottAppellate Division of the Supreme Court of the State of New York · 1995
  2. Luppino v. MoseyAppellate Division of the Supreme Court of the State of New York · 2013
  3. State ex rel. Fatzer v. MolitorSupreme Court of Kansas · 1953
  4. LUPPINO, JAMES v. MOSEY, ACEA A.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Luppino v. MoseyAppellate Division of the Supreme Court of the State of New York · 2013

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