1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 36 A.D.2d
  5. 36 A.D.2d 630 (1971)
 

CLARK v. SMITH

36 A.D.2d 630 (1971)

Henry C. Clark, Respondent, v. Kenneth J. Smith, as Executor of Archibald B. Smith, Deceased, et al., Appellants

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

February 16, 1971

Order reversed insofar as appealed from, without costs.

In our opinion, since plaintiff had made no application for a preference, and the preference was gratuitously granted, the order was in that respect improvidently made. In any event, the moving papers failed to disclose the existence of such financial, physical or other facts as would justify the granting of a preference (cf. Beltran v. Borstein, 32 A.D.2d 954

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases