HYNEY v. NIELSEN


286 A.D. 891 (1955)

J. Erwin Hyney, Respondent, v. Marie Nielsen et al., as Executors of Gerald B. Nielsen, Deceased, et al., Appellants

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

June 30, 1955.


Judgment reversed on the law and the facts, with costs, and the case remitted to the Special Term for the making of an appropriate judgment in favor of defendants, directing the city treasurer to pay to the executors of the estate of the decedent the net amount held by him to the credit of this case.

Section 4(d) of article IV of the constitution and rules of the American Stock Exchange granted certain priorities in the distribution of the proceeds of a sale of a...

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