NISSENBLATT v. DOYLE


3 A.D.2d 822 (1957)

Edith Nissenblatt, as Administratrix of The Estate of Max Talmason, Deceased, Appellant, v. Lester T. Doyle, as Trustee in Reorganization of Surface Transportation Corporation of New York, Respondent

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

April 9, 1957


Order unanimously reversed, without costs, and the motion granted.

While it is apparent that the grounds on which a rule 151 preference (Rules Civ. Prac.) was granted in this case ceased to exist shortly after the preference was granted and that a timely motion to revoke the preference should have been granted, it is also clear that over a period of months the parties proceeded on the basis that the action was preferred and several Justices of the court treated the...

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