Vogelman v. Lewit
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of New York, fourth district, borough of Manhattan. Kleiner & Harris, for respondent.
1Per curiam
The plaintiff obtained an attachment against the property of the defendant upon the ground that the defendant was a nonresident; his affidavit stating that “ on various occasions the deponent met the defendant and had asked him where he kept his place of business. That defendant then informed deponent that he resided and kept his place of business * * * New Jersey.”
Defendant moved to vacate the attachment upon his own and the affidavits of two others. In his own affidavit he admití that he resides in New Jersey. This cures the in*626sufficiency of the proof given by the plaintiff as to the…
2Cited by2 opinions
- Thornley v. LawbaughNorth Dakota Supreme Court · 1913
- Premier Malt Sales Corp. v. TullockNew York Supreme Court · 1922