Legal Opinion
Mezzacapo v. Krivis
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 1930PublishedCited by 3 opinions
1Opinion of the CourtO’Malley, J.
Reversal of the order of arrest is sought upon the ground that the papers upon which it was granted are insufficient. We accept the appellants’ view. There is lack of. evidentiary facts in the supporting affidavit. While it is true that a complaint which is made the basis of an order of arrest may state the pleader’s conclusions, the affidavits are required to set forth the facts which it is necessary for the plaintiff to establish to succeed, and from which the court may draw its own conclusions. (Moore v. Becker, 47 Hun, 633; opinion reported in 13 N. Y. St. Repr. 567.)
The action is for…
2Cases cited3 opinions
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- Besson v. . SouthardNew York Court of Appeals · 1851
- Bankell v. WeinachtAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Graham v. Buffalo General Laundries Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Lapides v. LapidesCity of New York Municipal Court · 1932
- Slattery v. HellerAppellate Terms of the Supreme Court of New York · 1937