Krotosky v. Krotosky
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philip Krotosky, 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 27th day of August, 1915, denying, upon a rehearing, defendant’s motion to vacate and set aside a warrant of attachment herein. Also an appeal from an order entered in said clerk’s office on" the 14th day of September, 1915, resettling the order above mentioned.
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Appeal by the defendant, Philip Krotosky, 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 27th day of August, 1915, denying, upon a rehearing, defendant’s motion to vacate and set aside a warrant of attachment herein. Also an appeal from an order entered in said clerk’s office on" the 14th day of September, 1915, resettling the order above mentioned. An appeal is also taken from the original order entered in the office of the clerk of the county of New York on the 11th day of August, 1915, denying…
1Opinion of the Court
Ingraham, P. J.:
A warrant of attachment in this action was granted on the ground that the defendant had assigned, disposed of and secreted his property, or was about to assign, dispose of or secrete the balance of his property with intent to defraud his creditors.
Assuming that the plaintiff had made out a prima facie case to justify the issue of a warrant of attachment in the first instance, the facts that would justify this conclusion have been fully met and answered by the defendant’s affidavits, and on the whole case there seems to be a lack of evidence to justify a finding that the…
2Cited by10 opinions
- In re the Estate of NoelNew York Surrogate's Court · 1940
- In re the Estate of NutrizioNew York Surrogate's Court · 1931
- In re the Estate of BurtNew York Surrogate's Court · 1936
- In re the Estate of AltmannNew York Surrogate's Court · 1933
- Vandemortel v. VandemortelNew York Supreme Court · 1953
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