Donato v. McNee

Appellate Division of the Supreme Court of New York

Donato v. McNee

232 A.D. 829

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1931

StatusPublished

This text of 232 A.D. 829 (Donato v. McNee) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donato v. McNee, 232 A.D. 829 (N.Y. Ct. App. 1931).

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Opinion

Judgment as amended reversed upon the law and the facts, with costs, and judgment directed in favor of appellants, without costs. We are of opinion that the judgment docketed on February 20, 1929, in favor of A. G. Walton Shoe Company against Louis Silvestre and Mary Silvestre, for $237.30, became on that day a lien against the property conveyed by Louis Sylvestro to Josephine Sylvestro and that the sheriff’s sale under the execution issued upon this judgment was properly carried out. She was properly served with the summons in this action and it appears that her true name is Mary Josephine Sylvestro. (Stuyvesant v. Weil, 167 N. Y. 421.) Findings of fact and conclusions of law contrary to this decision are reversed and new findings in support thereof will be made. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Judgment as amended reversed upon the law and the facts, with costs, and judgment directed in favor of appellants, without costs. We are of opinion that the judgment docketed on February 20, 1929, in favor of A. G. Walton Shoe Company against Louis Silvestre and Mary Silvestre, for $237.30, became on that day a lien against the property conveyed by Louis Sylvestro to Josephine Sylvestro and that the sheriff’s sale under the execution issued upon this judgment was properly carried out. She was properly served with the summons in this action and it appears that her true name is Mary Josephine Sylvestro. (Stuyvesant v. Weil, 167 N. Y. 421.) Findings of fact and conclusions of law contrary to this decision are reversed and new findings in support thereof will be made. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Bluebook (online)

232 A.D. 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donato-v-mcnee-nyappdiv-1931.

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