Auditore v. Cantanzaro

Motion on notice to vacate an order of arrest. The order was obtained before the Civil Practice Act took effect. The motion to vacate also preceded the taking effect of that act. Upon the argument plaintiff presented additional affidavits and asked their consideration in support of the order, to which objection was interposed by the defendant under the claim that the noticing of the motion constituted a “ right accrued or acquired ” within the provisions of section 1573 of the Civil Practice Act, which “ right ” the said section declares shall not be affected or impaired by the act. Analogous…