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RABINOWITZ v. POWER

Appellate Division of the Supreme Court of New York, First Department.
Mar 1, 1909

PER CURIAM:

The plaintiff having failed to show that the property is inadequate security for the amount due upon the bond and mortgage was not entitled to have a receiver of the property appointed. The order should be reversed, with ten dollars costs and disbursements, and the motion to vacate the order appointing a receiver granted, with ten dollars costs, with leave, however, to the plaintiff to renew the application in case the defendant should unreasonably defend the action.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to renew as stated in opinion. Settle order on notice.