Smith v. Haverty's Stables
Appellate Division of the Supreme Court of the State of New York
Appeal by the judgment debtor, James T. Haverty’s Stables, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of May, 1913, denying the judgment debtor’s motion to vacate an order for his examination in supplementary proceedings.
1Opinion of the Court
Dowling, J.:
This is an appeal from an order denying.a motion to vacate an order for an examination of the defendant in proceedings supplementary to but before the return of execution, the motion being based upon the ground that the affidavit upon which it was granted was jurisdictionally defective.
The portion of the affidavit to which objection is made reads as follows: “ Deponent further says that said judgment debtor has property consisting of automobiles, automobile accessories and office fixtures in* premises 144 East 41st street, which it unjustly refused to apply to the satisfaction of…
2Cases cited1 opinion
- Barron v. FeistAppellate Terms of the Supreme Court of New York · 1906
3Cited by2 opinions
- Martz v. CohenCity of New York Municipal Court · 1931
- Smith v. James T. Haverty's StablesAppellate Division of the Supreme Court of the State of New York · 1914