Howard Lockwood & Co. v. Sello

City of New York Municipal Court

Howard Lockwood & Co. v. Sello

27 Misc. 826

DecidedApril 15, 1899

StatusPublished

This text of 27 Misc. 826 (Howard Lockwood & Co. v. Sello) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howard Lockwood & Co. v. Sello, 27 Misc. 826 (N.Y. Super. Ct. 1899).

Pincite

Opinion

Conlan, J.

Appeal from an order denying a motion to vacate an order for the examination of third parties in supplementary proceedings.

The affidavit is on information and belief, and the affiant’s source of information does not satisfy us that the order should stand.

The relation of his information to the third parties is not given, except that he was a representative, but in what capacity is not shown, nor does his conversation with the plaintiff strengthen the affidavit. We think it falls within the ruling in 28 App. Div. 22, and 19 Misc. Rep. 670, and must, therefore, be reversed. Order appealed from reversed, with costs.

O’Dwyer and McCarthy, JJ., concur.

Order reversed, with costs.

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