Legal Opinion

Probst v. Frenkel

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

Decided April 6, 1934PublishedCited by 10 opinions

1Opinion of the CourtO’Malley, J.

The defendant resides in Paris, France. He was served with the summons on April 25, 1933, while on a visit to New York city. Shortly thereafter he returned to France. That defendant is a non-resident is clearly established. The plaintiff secured a warrant of attachment predicated upon such non-residence.

The order directed the defendant to appear for examination *505on March 5, 1934. The action is at law and was noticed for the October, 1933, term. In the ordinary course it will not be reached for trial for about two years. The question presented is whether in these circumstances the defendant…

2Cases cited1 opinion

  1. Sivelli v. New River Coal Co.Appellate Division of the Supreme Court of the State of New York · 1918

3Cited by10 opinions

  1. Fitzgerald v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1941
  2. Duncan v. JacobsonNew York Supreme Court · 1946
  3. Harris v. Muriel Sportswear, Inc.Appellate Terms of the Supreme Court of New York · 1959
  4. In re the Estate of WalkerNew York Surrogate's Court · 1961
  5. Albert v. BankenNew York Supreme Court · 1962

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