Schanbarger v. Kellogg

Appellate Division of the Supreme Court of New York

Schanbarger v. Kellogg

54 A.D.2d 809, 387 N.Y.S.2d 1000, 1976 N.Y. App. Div. LEXIS 14503

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

DecidedOctober 28, 1976

StatusPublished

This text of 54 A.D.2d 809 (Schanbarger v. Kellogg) 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

Schanbarger v. Kellogg, 54 A.D.2d 809, 387 N.Y.S.2d 1000, 1976 N.Y. App. Div. LEXIS 14503 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from an order of the Supreme Court at Special Term, entered March 30, 1976 in Rensselaer County, which denied a motion for examination against defendant to recover a judgment. We take judicial notice and the Attorney-General’s office by affirmation now concedes that a judgment had in fact been entered in the office of the Clerk of the County of Rensselaer in favor of plaintiff against defendant on January 15, 1973. Therefore, we are constrained to reverse and remit the matter to Special Term for further proceedings. Order reversed, on the law and the facts, without costs, and matter remitted to Special Term for further proceedings. Koreman, P. J., Greenblott, Main, Larkin and Herlihy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an order of the Supreme Court at Special Term, entered March 30, 1976 in Rensselaer County, which denied a motion for examination against defendant to recover a judgment. We take judicial notice and the Attorney-General’s office by affirmation now concedes that a judgment had in fact been entered in the office of the Clerk of the County of Rensselaer in favor of plaintiff against defendant on January 15, 1973. Therefore, we are constrained to reverse and remit the matter to Special Term for further proceedings. Order reversed, on the law and the facts, without costs, and matter remitted to Special Term for further proceedings. Koreman, P. J., Greenblott, Main, Larkin and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

54 A.D.2d 809, 387 N.Y.S.2d 1000, 1976 N.Y. App. Div. LEXIS 14503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schanbarger-v-kellogg-nyappdiv-1976.