Opinion
May 24, 1939.
Appeal from the City Court of the City of New York, County of New York.
Joseph C. Salzman, for the appellant.
Louis Lazarus, for the respondent.
In the absence of a recital in the order to show cause or the order appealed from that the court is satisfied that with reasonable diligence the debtor cannot be found within the State, the order appointing the receiver cannot be sustained.
Order reversed and motion denied, with ten dollars costs and disbursements to appellant, to be set off against the judgment.
Present — McCOOK, FRANKENTHALER and NOONAN, JJ.