Appellate Division of the Supreme Court of New York, 1937

Morgen Flour Corp. v. Markowitz

Morgen Flour Corp. v. Markowitz
Appellate Division of the Supreme Court of New York · Decided May 21, 1937
251 A.D. 739; 296 N.Y.S. 64; 1937 N.Y. App. Div. LEXIS 7320
Morgen Flour Corp. v. Markowitz

Opinion of the Court

Order denying motion by appellant, judgment debtor, to set aside service of a subpoena in supplementary proceedings reversed on the law *740and the facts, with ten dollars costs and disbursements, motion granted and subpoena vacated, without costs. We find that the appellant came into the State voluntarily as a witness and was, therefore, immune from process. Hagarty, Davis, Johnston, Adel and Close, JJ., concur.

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