Sturz v. Fischer

The application being on notice, to vacate a warrant of attaclurient on the papers upon, which it issued,'the preliminary question is presented, whether the motion, can . - .be entertained by the justice- presiding in. Part II of the Special Term.'

By Rule I, Appellate Division Rules, “litigated motionsn must be heard in Part L By Rule T, “ application fcjr all court orders ex parte,. * * * or where notice is- not. *411required, must be made to the Special Term for the transaction of exporte business.”

An application to vacate an attachment, when founded only on the papers upon which the warrant…