Legal Opinion

In re Hart

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

Decided November 17, 1977PublishedCited by 7 opinions

1Opinion of the Court

Appeal from an order of the Surrogate’s Court, Albany County, entered therein on May 10, 1977, which denied a motion by the executrix to vacate an order of attachment. The executrix argues on appeal that she was deprived of her property without due process of law in that the Surrogate placed the burden of proving the grounds to vacate the attachment on her. She also contends that the attachment was unconstitutional because it was obtained ex parte and without a hearing. The executrix urges that the Surrogate erred in finding that fraud or any other grounds for attachment were made out in the…

2Cases cited7 opinions

  1. Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
  2. Wulfsohn v. Russian Socialist Federated Soviet RepublicNew York Court of Appeals · 1923
  3. Kirkeby-Natus Corp. v. GevinsonAppellate Division of the Supreme Court of the State of New York · 1969
  4. Levine v. LevyAppellate Division of the Supreme Court of the State of New York · 1968
  5. Richman v. RichmanAppellate Division of the Supreme Court of the State of New York · 1973

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Holtzman v. SamuelNew York Supreme Court · 1985
  2. Burt Printing Co. v. Middle East Media Corp.District Court, S.D. New York · 1978
  3. Ciotti v. CiottiAppellate Division of the Supreme Court of the State of New York · 1979
  4. Wickham v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  5. In re Jessica R.Appellate Division of the Supreme Court of the State of New York · 1990

2 more not listed; retrieve them via the Exa API.

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