Opinion
May 2, 1967
Order entered on March 21, 1967, unanimously modified, on the law and the facts, to the extent of striking therefrom the third decretal provision appointing Temporary Receivers, and also deleting therefrom decretal paragraphs numbered 4 to 17 inclusive, pertaining thereto, and ordering an immediate trial of the issues raised herein at Trial Term of the Supreme Court; otherwise affirmed, without costs or disbursements to either party against the other. Under the circumstances of this case, it was improvident to order the appointment of Receivers. Nevertheless, the record demonstrates the necessity for an immediate trial to adjudicate the differences among the various parties.
Concur — Botein, P.J., Capozzoli, Rabin, McNally and McGivern, JJ.