Legal Opinion

Rosemond v. Corscadden

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

Decided March 15, 1928PublishedCited by 1 opinion

1Opinion of the Court

Order reversed, as a matter of law, and not in the exercise of discretion, and motion denied, without costs, on the ground that the justice had no authority to make the order, the defect complained of being jurisdictional, and the statute requiring the verification being mandatory; and on the authority of Matter of Swarthout (76 Misc. 24); Matter of Murphy (189 App. Div. 135), and Matter of King (155 id. 720). Van Kirk, P. J., Hinman, Whitmyer and Hasbrouck, JJ., concur; Davis, J., dissents and votes for affirmance.

2Cases cited2 opinions

  1. In re MurphyAppellate Division of the Supreme Court of the State of New York · 1919
  2. In re the Designation of SwarthoutNew York Supreme Court · 1912

3Cited by1 opinion

  1. Lyden v. KatzNew York Supreme Court · 1961