POWER v. FALK


15 A.D.2d 216 (1961)

Lorenzo J. Power et al., Appellants-Respondents, v. Jacob Falk, Individually and as Trustee for Plaintiffs and for Others, et al., Respondents, and Joseph A. Byrne, as Trustee for Plaintiffs and for Others, Respondent-Appellant

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

December 14, 1961.


Attorney(s) appearing for the Case

John M. Cunneen for appellants-respondents.

Joseph A. Byrne, Jr., for Joseph A. Byrne, respondent-appellant.

Albert J. Rosenthal of counsel (Demov & Morris, attorneys), for respondents.

McNALLY, J. P., STEVENS, EAGER, STEUER and BASTOW, JJ., concur.


Per Curiam.

Plaintiffs appeal from a judgment dismissing the complaint after trial and from an order denying an application to reopen the case for further proof. In view of the disposition made upon the first appeal, the second appeal is dismissed as academic.

Plaintiffs sue for the delivery of certain stock certificates, an accounting of the rents in a certain building, and other equitable relief. It appears that in 1937 the plaintiffs owned the building...

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