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DAILEY v. GIDINSKY
Court of Appeals of the State of New York.
Dec 30, 1944
Per Curiam.
The final judgment should be modified by striking therefrom the direction for payment to the plaintiff receiver of sums to be fixed by the court in which the receivership is pending. Whether such payment shall be made to the plaintiff receiver must be determined by the court which appointed him. (Civ. Prac. Act, ยงยง 804-a, 1547.) In all other respects, the judgments should be affirmed, with costs.
The judgments should be modified in accordance with this opinion and as so modified affirmed, with costs.
LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ., concur.
Judgment accordingly.
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