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Schiller v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1977
57 A.D.2d 734 (N.Y. App. Div. 1977)

Summary

In Smith v. Curtiss, 38 Mich. 393, the trial court had held that the note pleaded as a set-off was merged in a judgment rendered in an action commenced by attachment where there was no personal service upon defendant and no appearance by him, and the property attached levied upon under an execution issued in pursuance of the judgment.

Summary of this case from Taylor v. Continental Supply Co.

Opinion

April 15, 1977

Appeal from the Monroe Supreme Court.

Present — Marsh, P.J., Cardamone, Dillon, Goldman and Witmer, JJ.


Order and judgment unanimously affirmed, with costs. Memorandum: In view of the constant dilatory efforts of the appellant and the inordinate delays in complying with court orders, Special Term properly refused a further extension of time.


Summaries of

Schiller v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1977
57 A.D.2d 734 (N.Y. App. Div. 1977)

In Smith v. Curtiss, 38 Mich. 393, the trial court had held that the note pleaded as a set-off was merged in a judgment rendered in an action commenced by attachment where there was no personal service upon defendant and no appearance by him, and the property attached levied upon under an execution issued in pursuance of the judgment.

Summary of this case from Taylor v. Continental Supply Co.
Case details for

Schiller v. Smith

Case Details

Full title:KATHLEEN R. SCHILLER, Formerly Known as KATHLEEN R. SMITH, Respondent, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 15, 1977

Citations

57 A.D.2d 734 (N.Y. App. Div. 1977)

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