Opinion
November, 1933.
Appeal from Supreme Court, Bronx County.
Present — Finch, P.J., Merrell, Martin, O'Malley and Untermyer, JJ.; O'Malley, J., dissents.
Order affirmed, with twenty dollars costs and disbursements. No opinion.
I dissent from the affirmance of the order which denied the motion seeking to enjoin the receiver from collecting the rents until the balance due the assignee of such rents shall have been paid, upon the authority of Conley v. Fine ( 181 App. Div. 675); Harris v. Taylor (35 id. 462; appeal dismissed, 159 N.Y. 533). The decision of the Court of Appeals in Sullivan v. Rosson ( 223 N.Y. 217) is not in conflict with the rule established in the cases cited. The case of Harris v. Taylor ( supra), while held not applicable, was not disapproved therein.