CARLO v. RIVERDALE ICE SKATING RINK, INC.


6 A.D.2d 1036 (1958)

Sylvia Carlo, an Infant, by Her Guardian ad Litem, Moses Carlo, et al., Respondents, v. Riverdale Ice Skating Rink, Inc., Appellant

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

October 16, 1958


The preference was predicated upon the fact that the defendant's carrier is now in liquidation. While a broad interpretation of the rule or of the term "[in] the interests of justice" is desirable, it should not be used as a means of assuring the payment of a judgment by a carrier.

The Special Term order is reversed, with $20 costs and disbursements to the appellant, and the motion denied on the facts and in the exercise...

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