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People v. National Cancer Hospital of America

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1955
285 App. Div. 871 (N.Y. App. Div. 1955)

Opinion

February 1, 1955.

Present — Cohn, J.P., Breitel, Bastow and Botein, JJ.


Motion for reargument granted and, upon reargument, the decision herein is recalled and, upon such recall, the decision is modified to the extent of striking from the judgment the decretal paragraph directing the distribution cy pres of all funds remaining in the receiver's hands after payment of all indebtedness and expenses of administration. This direction, aside from its vagueness, was made prematurely. An application for specific cy pres distribution in accordance with the applicable provisions of subdivisions 2 and 4 of section 12 Pers. Prop. of the Personal Property Law, may be made at the appropriate time. In all other respects, including its branch seeking leave to appeal to the Court of Appeals, motion is denied. Settle order.


Summaries of

People v. National Cancer Hospital of America

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1955
285 App. Div. 871 (N.Y. App. Div. 1955)
Case details for

People v. National Cancer Hospital of America

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATIONAL CANCER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 1, 1955

Citations

285 App. Div. 871 (N.Y. App. Div. 1955)