In re Cohen

The affidavit upon which the order in this case was obtained seems to me to be fatally defective in several particulars. Matter of Ellett v. Young, 95 App. Div. 417, sufficiently indicates the difference recognized in the provisions of the Code between a case where an action is pending and one where no action is pending. In the latter case a compliance with the provisions of subdivision 6, section 871 of the Code of Civil Procedure is a prerequisite. The affidavit of the applicants omits to state the street and street number of the office or place of business of the expected adverse parties,…