Legal Opinion

Walmor, Inc. v. Markel

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1933Published

1Opinion of the Court

Order denying motion to vacate subpoena reversed on the law, without costs, and motion granted, without costs. As a consequence of the adjournment without date, the proceeding lapsed; hence the court was without jurisdiction to issue the subpoenas. The proceeding could not be revived without notice to the judgment debtor. It is not claimed that such a notice was given. (Matter of Mancaruso v. Cuthbert, 224 App. Div. 754; Matter of Otten v. Stromeyer, No. 1, 228 id. 360; Nyamco Associates, Inc., v. King, 147 Misc. 904.) Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

2Cases cited1 opinion

  1. Nyamco Associates Inc. v. KingCity of New York Municipal Court · 1933