Appellate Division of the Supreme Court of New York, 1927

Nunziata v. Small

Nunziata v. Small
Appellate Division of the Supreme Court of New York · Decided January 15, 1927
219 A.D. 746
Nunziata v. Small

Opinion of the Court

Judgment unanimously affirmed, with costs. Aside from any other element of the case, plaintiff has neither pleaded nor proved the return of an execution against the property of the judgment debtor, unsatisfied in whole or in part. Such omission makes it impossible to maintain the action. (Adsit v. Butler, 87 N. Y. 585.) Present — Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.