Martin v. Supreme Court of State of NY

MUNSON, Chief Judge.

Plaintiff Ernest Franklin Martin, Jr., and his wife, Karen Katz, by their attorney, filed a complaint under 42 U.S.C. § 1983 asserting that specific state actors and Mr. Martin’s ex-wife conspired to deprive them of property without due process of law essentially by Mrs. Martin’s attempts to execute on a judgment obtained against Mr. Martin in Missouri and filed in New York. After oral arguments on defendants’ motions to dismiss, plaintiff’s attorney was admonished that the complaint appeared to be without foundation in the law, but was granted leave to file an amended…