Opinion
March 30, 1928.
Appeal from Supreme Court of New York County.
Joseph C.H. Flynn, Deputy Attorney-General, of counsel [ Albert Ottinger, Attorney-General,] for the Superintendent of Insurance and the People of the State of New York.
Clarence C. Fowler of counsel [ Alfred C. Bennett, Francis P. Ward, John M. Downes and Grace G. Dorn with him on the brief], for the Superintendent of Insurance of the State of New York, as liquidator and trustee.
Frederick B. Campbell of counsel [ Paul C. Whipp with him on the brief], for the First Russian Insurance Company.
Walter H. Pollak of counsel [ Ruth I. Wilson with him on the brief; Engelhard, Pollak, Pitcher Stern, attorneys], for G. Frank Dougherty, assignee of foreign claims.
Borris M. Komar, for James A. Tillman.
For the reasons stated in the opinion of MARTIN, J., in Matter of Russian Reinsurance Co. of Petrograd ( 223 App. Div. 378), and three other cases, herewith handed down, the order appealed from should be modified as therein indicated. In addition, the provisions for a receivership should be eliminated. All disputed questions as to the amount and standing of claims, allowances and the like, are to be heard before the referee. In other respects, the matter should be remitted to Special Term, to be disposed of in connection with the adoption of an adequate plan for a just and final disposition.
Present — FINCH, McAVOY, MARTIN and O'MALLEY, JJ.
Order modified as indicated in opinion. Settle order on notice.