ROTHSCHILD v. CLAWANS


279 A.D. 224 (1951)

Louis F. Rothschild et al., Copartners Doing Business under the Name of L. F. Rothschild & Co., Appellants, v. Ida Clawans et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1951.


Attorney(s) appearing for the Case

Felix A. Fishman of counsel (Sam L. Cohen with him on the brief; Moses & Singer, attorneys), for appellants.

Herbert Goldmark of counsel (Joseph K. Guerin with him on the brief; Myers & Guerin, attorneys), for respondents.

GLENNON, J. P., COHN, CALLAHAN and SHIENTAG, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to affirm, in opinion.


Per Curiam.

Plaintiffs have appealed from an order denying their application under subdivision 3 of section 287-d of the Civil Practice Act for an order permitting them to retain specific personal property to the credit of the action and to be discharged from liability to any of the parties for its retention.

In denying the application Special Term treated it as one addressed to the discretion of the court although...

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