Nunziata v. Small
This text of 219 A.D. 746 (Nunziata v. Small) 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.
Opinion
Judgment unanimously affirmed, with costs. Aside from any other element of the case, plaintiff has neither pleaded nor proved the return of an execution against the property of the judgment debtor, unsatisfied in whole or in part. Such omission makes it impossible to maintain the action. (Adsit v. Butler, 87 N. Y. 585.) Present — Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ.
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219 A.D. 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nunziata-v-small-nyappdiv-1927.