Appellate Terms of the Supreme Court of New York, 1939

Dwelling Managers, Inc. v. Mills

Dwelling Managers, Inc. v. Mills
Appellate Terms of the Supreme Court of New York · Decided May 24, 1939
171 Misc. 673; 13 N.Y.S.2d 512; 1939 N.Y. Misc. LEXIS 2065

Counsel

Joseph C. Salzman, for the appellant., Louis Lazarus, for the respondent.

Dwelling Managers, Inc. v. Mills

Opinion of the Court

Per Curiam.

In the absence of a recital in the order to show cause or the order appealed from that the court is satisfied that with reasonable diligence the debtor cannot be found within the State, the order appointing the receiver cannot be sustained.

Order reversed and motion denied, with ten dollars costs and disbursements to appellant, to be set off against the judgment.

Present — McCook, Frankenthaler and Noonan, JJ.

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