In re Delahunty
New York Supreme Court
Appeal from an order restraining the enforcement of a judgment obtained in the N. Y. City Court, and also from .an order denying a motion to allow plaintiff to institute .and maintain such action in the City Court. An action was brought in the city court by David Rosenbaum against Felicia Denison. Subsequent to the Fringing of the action Felicia Denison was declared a lunatic by proceedings in the supreme court, and John Delahunty was appointed as her committee.
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Appeal from an order restraining the enforcement of a judgment obtained in the N. Y. City Court, and also from .an order denying a motion to allow plaintiff to institute .and maintain such action in the City Court. An action was brought in the city court by David Rosenbaum against Felicia Denison. Subsequent to the Fringing of the action Felicia Denison was declared a lunatic by proceedings in the supreme court, and John Delahunty was appointed as her committee. Upon plaintiff’s motion the committee was substituted as defendant in the action, and he by answer interposed the defense that no…
1Opinion of the Court
Per Curiam* [after stating facts].
We think that the committee had the right to rely upon the defense set forth in the answer that no leave to sue had been granted ; and that in consequence of such defense the city court had no right to proceed in the action ; and that therefore, the order restraining the enforcement of the judgment was properly granted.
It has been, expressly held in a number of cases that the supreme court has authority to restrain the enforcement of asserted claims against a lunatic’s estate, and to compel the claimant to establish his demand as it may prescribe (In re Otis,…
2Cases cited1 opinion
- Matter of Application of OtisNew York Court of Appeals · 1886
3Cited by5 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- Smith v. KeteltasAppellate Division of the Supreme Court of the State of New York · 1898
- Dean v. HalliburtonAppellate Division of the Supreme Court of the State of New York · 1925
- In re McInerneyNew York Supreme Court · 1929
- Smith v. KeteltasAppellate Division of the Supreme Court of the State of New York · 1898