Legal Opinion

Golub v. Baruchin

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

Decided December 15, 1922PublishedCited by 2 opinions

Appeal by the defendant, Alexander Baruchin, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of October, 1922, denying defendant’s motion to vacate an order of arrest.

1Opinion of the Court

Greenbaum, J.:

This is an action for criminal conversation and alienation of affections. The order of arrest was based upon the complaint and plaintiff’s own affidavit. The complaint and the supporting affidavit upon which the order of arrest was granted were wholly insufficient to sustain the order. The affidavit is replete with allegations, such as, that the affiant “ ascertained ” or “ gathered ” *621certain information from unnamed persons and from undisclosed papers, as a result of which the affiant in each instance merely states his own conclusions of fact as to what was told to. him,…

2Cases cited1 opinion

  1. Boyle v. SemenoffAppellate Division of the Supreme Court of the State of New York · 1922

3Cited by2 opinions

  1. Tri Quality Mechanical Corp. v. Chappastream Corp.Appellate Division of the Supreme Court of the State of New York · 1988
  2. Jones v. Rochester Society for the Prevention of Cruelty to Children, Inc.New York Supreme Court · 1954

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