National Printing & Engraving Co. v. Armstrong
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, .Special Term. Supplementary proceedings by the National Printing & Engraving Company against Paul Armstrong. From an order denying his motion to vacate and set aside an order for his examination in supplementary proceedings before return of execution, the judgment debtor appeals. Reversed and motion granted.
1Per curiam
The affidavit upon which the order for examination of the debtor was granted was made by the plaintiff’s attorney, and was based entirely upon information and belief as to the jurisdictional fact that the debtor has property. Neither the sources of the information nor the grounds of the belief were stated. The affidavit was therefore clearly insufficient, and the order should have been vacated upon motion. Matter of Garcia v. Morris, 51 Misc. Rep. 592, 101 N. Y. Supp. 253.
The order appealed from is reversed, with $10 costs and disbursements, and motion to set aside order for examination of…
2Cases cited1 opinion
- Garcia v. MorrisAppellate Terms of the Supreme Court of New York · 1906