Levy v. Stein

Appellate Terms of the Supreme Court of New York

Levy v. Stein

131 Misc. 39, 226 N.Y.S. 198, 1927 N.Y. Misc. LEXIS 1271

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 16, 1927

StatusPublished

This text of 131 Misc. 39 (Levy v. Stein) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levy v. Stein, 131 Misc. 39, 226 N.Y.S. 198, 1927 N.Y. Misc. LEXIS 1271 (N.Y. Ct. App. 1927).

Pincite

Opinion

Per Curiam.

The order denying the motion of the defendants to vacate the warrant of seizure is reversed, with ten dollars costs, and the motion to vacate such warrant of seizure is granted, with ten dollars costs. Under the statute the defendants were entitled to five days’ notice of the application for the warrant of seizure. This notice was required to be served upon them in the manner [40]*40provided for personal service of summons. It affirmatively appears that this was not done. (See Mun. Ct. Code, § 72, as amd. by Laws of 1926, chap. 692.)

All concur; present, Delehanty, Lydon and Crain, JJ.

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Per Curiam.

The order denying the motion of the defendants to vacate the warrant of seizure is reversed, with ten dollars costs, and the motion to vacate such warrant of seizure is granted, with ten dollars costs. Under the statute the defendants were entitled to five days’ notice of the application for the warrant of seizure. This notice was required to be served upon them in the manner [40]*40provided for personal service of summons. It affirmatively appears that this was not done. (See Mun. Ct. Code, § 72, as amd. by Laws of 1926, chap. 692.)

All concur; present, Delehanty, Lydon and Crain, JJ.

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Bluebook (online)

131 Misc. 39, 226 N.Y.S. 198, 1927 N.Y. Misc. LEXIS 1271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-stein-nyappterm-1927.