Rockwell v. Kantrowitz

Appellate Division of the Supreme Court of New York

Rockwell v. Kantrowitz

255 A.D. 1027, 8 N.Y.S.2d 689

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

DecidedDecember 31, 1938

StatusPublished

This text of 255 A.D. 1027 (Rockwell v. Kantrowitz) 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

Rockwell v. Kantrowitz, 255 A.D. 1027, 8 N.Y.S.2d 689 (N.Y. Ct. App. 1938).

Pincite

Opinion

Order denying, on reargument, defendant’s motion to cancel and discharge of record a judgment entered against him on November 23, 1928, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The United States District Court for the District of Connecticut, in the bankruptcy proceeding, adjudged that the defendant had his principal place of business, resided or had his domicile within its territorial jurisdiction for six months or the greater part thereof preceding the filing of the petition in bankruptcy and, therefore, that adjudication is res judicata as to plaintiff, whose claim was duly scheduled and who had notice or actual knowledge of the bankruptcy proceedings. Under the circumstances plaintiff may not attack the order of thet bankruptcy court discharging the defendant. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.

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Order denying, on reargument, defendant’s motion to cancel and discharge of record a judgment entered against him on November 23, 1928, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The United States District Court for the District of Connecticut, in the bankruptcy proceeding, adjudged that the defendant had his principal place of business, resided or had his domicile within its territorial jurisdiction for six months or the greater part thereof preceding the filing of the petition in bankruptcy and, therefore, that adjudication is res judicata as to plaintiff, whose claim was duly scheduled and who had notice or actual knowledge of the bankruptcy proceedings. Under the circumstances plaintiff may not attack the order of thet bankruptcy court discharging the defendant. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.

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Bluebook (online)

255 A.D. 1027, 8 N.Y.S.2d 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rockwell-v-kantrowitz-nyappdiv-1938.