Hall Approved Free Access to American Case Law
Appellate Terms of the Supreme Court of New York, 1926

Schmidt v. Lavelle

Schmidt v. Lavelle
Appellate Terms of the Supreme Court of New York · Decided February 5, 1926
126 Misc. 589; 214 N.Y.S. 58; 1926 N.Y. Misc. LEXIS 592

Counsel

Daniel J. Murphy, for the judgment debtor., Coban & Berman [Alexander Berman of counsel], for the judgment creditor.

Schmidt v. Lavelle

Opinion of the Court

Per Curiam.

The judgment debtor has concededly no place of business or residence in the county of New York, but is a resident of Bronx county. The order requiring him to appear for examination in the county of New York was, therefore, void as in violation of section 787 of the Civil Practice Act.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, Bijur, Delehanty and Wagner, JJ.

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