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Nunziata v. Small

219 A.D. 746
Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1927·Published

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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Nunziata v. Small, 219 A.D. 746 (N.Y. Ct. App. 1927).

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Related

Adsit v. . Butler
87 N.Y. 585 (New York Court of Appeals, 1882)