Appellate Division of the Supreme Court of New York, 1933

Walmor, Inc. v. Markel

Walmor, Inc. v. Markel
Appellate Division of the Supreme Court of New York · Decided December 15, 1933
240 A.D. 1007
Walmor, Inc. v. Markel

Opinion of the Court

Order denying motion to vacate subpoena reversed on the law, without costs, and motion granted, without costs. As a consequence of the adjournment without date, the proceeding lapsed; hence the court was without jurisdiction to issue the subpoenas. The proceeding could not be revived without notice to the judgment debtor. It is not claimed that such a notice was given. (Matter of Mancaruso v. Cuthbert, 224 App. Div. 754; Matter of Otten v. Stromeyer, No. 1, 228 id. 360; Nyamco Associates, Inc., v. King, 147 Misc. 904.) Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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