PATTON v. COMPANIA EXP. DE VENEZUELA


9 Misc.2d 333 (1958)

Herschel C. Patton, Plaintiff, v. Compania Aerea Viajes Expresos De Venezuela, S. A. also Doing Business as Aerovias Venezuela Europa, Defendant.

Supreme Court, Special Term, New York County.

January 23, 1958.


Attorney(s) appearing for the Case

Melvin L. Robbins for plaintiff.

Hale, Stimson, Russell & Nickerson for defendant.

Dickstein, Shapiro & Friedman for U. S. Overseas Airlines, Inc.


SAMUEL H. HOFSTADTER, J.

The defendant, a corporation organized under the laws of Venezuela, moves to vacate an ex parte order made pursuant to section 977-b of the Civil Practice Act, which provides, in substance, that upon an affidavit reciting the necessary facts the plaintiff may apply, without notice, for the appointment of a temporary receiver and that the court "must thereupon appoint such receiver". The plaintiff here followed the procedure so...

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