Keesing v. Solomon

We do not find it necessary to decide whether a trustee in bankruptcy is “an officer of the court” within § 505(4) of the Civil Practice Act of New York. The Appellate Division for the First Department flatly held that he was not in Cowen v. Gruber, 176 App.Div. 905, 162 N.Y.S. 1053, following the reasoning in its earlier decision in General Electric Company v. Sire, 88 App.Div. 498, 85 N.Y.S. 141; and it may be regarded as an open question whether the decisions of the Second Department in Mendelsohn v. Rosenberg, 248 App.Div. 743, 288 N.Y.S. 792, and Polo v. Stern, 249 App.Div. 638, 291…