GRABB v. NICHOLAS


2 A.D.2d 446 (1956)

Clarence F. Grabb, as Receiver, Respondent, v. John Nicholas, as Receiver, Defendant, and Albert E. Gilbert, as Receiver, Respondent William J. Edell, Appellant, v. Shirley M. Edell, Respondent Evelyn M. Edell, Respondent, v. William J. Edell, Appellant Walter Mack, on Behalf of Himself and All Other Creditors of William Edell Similarly Situated, Respondent, v. William Edell, Appellant, et al., Defendants

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

November 14, 1956.


Attorney(s) appearing for the Case

Earl F. Case for appellant.

David M. Levy for Clarence F. Grabb, as receiver, and another, respondents.

Burton D. Tannenbaum for Shirley M. Edell and another, respondents.

Dallas Newton for Evelyn M. Edell and another, respondents.

Present — McCURN, P. J., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.


Per Curiam.

The appeal is solely from the order of distribution in an accounting proceeding brought on by an order to show cause granted appellant, whose status as an interested party upon the accounting was not questioned until this appeal was taken.

In our opinion Edell was an "aggrieved party" within the meaning of section 557 of the Civil Practice Act. The test is whether the adjudication has a binding force...

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