Coiro v. Baron
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Inn Corporation, from an order of the Supreme Court, made at the Kings County Special Term for Motions and entered in the office of the clerk of the county of Kings on the 25th day of June, 1913, denying a motion to vacate a warrant of seizure.
1Per curiam
This proceeding to foreclose a chattel mortgage after default alleged a demand for payment and averred that the mortgaged chattels were in the possession of the defendant Baron. The affidavit for the warrant of seizure did not attempt to state any of the grounds for an attachment. A warrant of seizure issued reciting the value of the chattels, and that a cause of action, as specified in section 1737 of the Code of Civil Procedure (now Lien Law, § 206), existed in favor of the plaintiff, who had given the requisite undertaking. After the chattels had been taken under the warrant a motion was…
2Cases cited2 opinions
- Wuertz v. BraunAppellate Division of the Supreme Court of the State of New York · 1906
- Faraci v. MallerAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- First Trust & Deposit Co. v. Syrdelco, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
- Marcus v. SherrCity of New York Municipal Court · 1928
- People ex rel. Nason v. CallaghanAppellate Division of the Supreme Court of the State of New York · 1913
- Rockfall Apartments v. PosnerAppellate Terms of the Supreme Court of New York · 1915