Opinion
May 31, 1949.
Present — Glennon, J.P., Dore, Callahan, Van Voorhis and Shientag, JJ.
Order unanimously reversed and motion to vacate the receivership granted on the ground that the appointment of a receiver under the circumstances disclosed is unnecessary while the trustee, appointed by the Federal court in the bankruptcy proceeding under chapter X of the Bankruptcy Act (U.S. Code, tit. 11, § 501 et seq.), is in possession and control of the premises. This determination is without prejudice to an application on notice to all lien holders and other parties, for the appointment of a receiver or for the reinstatement of the present receivership in the event of the termination of such trusteeship. Settle order on notice.