Juskovitz v. Rafsky
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Louis Juskovitz against Abraham Rafsky. From an order of the Special Term of the City Court of the City of New York vacating an order of arrest of defendant, plaintiff appeals.
1Opinion of the CourtGildersleeve, J.
The plaintiff obtained ex parte an order of arrest, which was based on a summons, an affidavit of the plaintiff, and an undertaking. The affidavit stated that the action was to recover damages “for a malicious slander,” and alleged that defendant, in the presence of a large number of people, said to plaintiff: “You thief, what do you want here ? Get out of here! I can prove that you are a thief.” The defendant thereafter made a motion on notice at the Special Term of the City Court to.set aside the said order of arrest upon the ground«. of the alleged insufficiency of the papers upon which it…
2Cases cited4 opinions
- Dexter v. TaberNew York Supreme Court · 1815
- Roberts v. RamseySupreme Court of Georgia · 1890
- Martin v. StillwellNew York Supreme Court · 1816
- Van Akin v. CalerNew York Supreme Court · 1866
3Cited by1 opinion
- Morris v. GraberCity of New York Municipal Court · 1932