Lawyers' Title Insurance v. Stanton
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Lawyers’ Title Insurance Company of" New York against Robert L. Stanton. From an order refusing to vacate an order for defendant’s examination in supplementary proceedings, defendant appeals. Reversed.
1Opinion of the CourtBlanchard, J.
The order appealed from must be reversed. The affidavit upon which the order for the examination of the judgment debtor was made fails to state the residence of the judgment debtor at the time of the' commencement of the proceeding. This is a necessary allegation to give the court jurisdiction, under subdivision 2 of section 2438 of the Code "of Civil Procedure. The case of Schenck v. Irwin, 60 Hun, 361, 15 N. Y. Supp. 55, is authority for this proposition.
The order denying the motion to vacate the proceedings is reversed, with $10 costs and disbursements, and the motion should be granted,…
2Cases cited1 opinion
- Schenck v. IrwinNew York Supreme Court · 1891