Legal Opinion

Fluegelman v. Armstrong

Appellate Terms of the Supreme Court of New York

Decided June 15, 1908PublishedCited by 4 opinions

Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, sixth district, borough of Manhattan.

1Opinion of the CourtGildersleeve, J.

The plaintiff herein appeals from a judgment of the Municipal Court dismissing his complaint, with costs. The facts in the case are not disputed and are substantially as follows •„ The action was begun in December, 1907; and, on the thirtieth day of that month, the plaintiff, the defendant failing to -appear, took a judgment by default. On January 2, 1908, the plaintiff filed a transcript in the county clerk’s office, and thereupon issued .an execution to the sheriff of this county. After the execution was so delivered to the sheriff, an order in supplementary proceedings was obtained in aid…

2Cases cited4 opinions

  1. People ex rel. v. FitzpatrickNew York Supreme Court · 1901
  2. Colwell v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1908
  3. Rochester Distilling Co. v. DevendorfNew York Supreme Court · 1893
  4. McCredy v. ThrushAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by4 opinions

  1. Sandlin v. GraggCourt of Appeals for the Tenth Circuit · 1943
  2. Bankers' Investing Co. v. MargoliesAppellate Terms of the Supreme Court of New York · 1910
  3. Lindenborn v. VogelAppellate Terms of the Supreme Court of New York · 1908
  4. Valtech Research, Inc. v. Meridian Abstract Corp.Civil Court of the City of New York · 2009

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