Hornblower & Weeks v. Sherwood

282 A.D. 931 | N.Y. App. Div. | 1953

■ — Judgment affirmed, with costs and disbursements to the respondent the People of the State of New York. No opinion. Present — Peek, P. J., Dore, Cohn, Callahan and Botein, JJ.; Dore and Callahan, JJ., dissent and vote to reverse and deny the People’s motion, and direct delivery of the property to the appellant, upon the ground that section 44 of the Civil Practice Act is applicable.