Opinion
July, 1934.
Order modified by striking out the provisions directing payment by the receiver, and by inserting therein a provision granting leave to respondent to sue the receiver, and as so modified affirmed, without costs. We are of opinion that, in the circumstances shown, the respondent should proceed by action against the receiver to establish its claim. Lazansky, P.J., Kapper, Carswell, Tompkins and Davis, JJ., concur.