Lockwood v. Sello
City of New York Municipal Court
Appeal from special term. Action by Howard Lockwood against Max Sello. There was a- judgment for plaintiff, and from an order denying a motion, to vacate an. order for the examination of third persons in supplementary proceedings defendant appeals.
1Opinion of the CourtCorlan, J.
Appeal from an order denying a motion to vacate an order for the examination of third parties in supplementary proceedings. The affidavit is on information and belief, and the affiant’s source of information does not satisfy us that the order should stand. The relation of his informant to the third parties is not given, except that he was a representative; but in what capacity is not shown, nor does his conversation with the plaintiff strengthen the affidavit. We think it falls within the ruling in Pierce v. Parrish, 28 App. Div. 22, 50 N. Y. Supp. 735, and In re Leslie, 19 Misc. Rep. 670, 44…
2Cases cited3 opinions
- Parrish v. ParrishAppellate Division of the Supreme Court of the State of New York · 1898
- Leslie v. Street, New York County Courts1897
- Pierce v. ParishAppellate Division of the Supreme Court of the State of New York · 1898