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Matter of Schmidt v. Lavelle

Supreme Court, Appellate Term, First Department
Feb 5, 1926
126 Misc. 589 (N.Y. App. Term 1926)

Opinion

February 5, 1926.

Appeal from the City Court of the City of New York.

Daniel J. Murphy, for the judgment debtor.

Coban Berman [ Alexander Berman of counsel], for the judgment creditor.


The judgment debtor has concededly no place of business or residence in the county of New York, but is a resident of Bronx county. The order requiring him to appear for examination in the county of New York was, therefore, void as in violation of section 787 of the Civil Practice Act.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, BIJUR, DELEHANTY and WAGNER, JJ.


Summaries of

Matter of Schmidt v. Lavelle

Supreme Court, Appellate Term, First Department
Feb 5, 1926
126 Misc. 589 (N.Y. App. Term 1926)
Case details for

Matter of Schmidt v. Lavelle

Case Details

Full title:In the Matter of Supplementary Proceedings: NATHANIEL F. SCHMIDT, Judgment…

Court:Supreme Court, Appellate Term, First Department

Date published: Feb 5, 1926

Citations

126 Misc. 589 (N.Y. App. Term 1926)
214 N.Y.S. 58

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