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

Appellate Division of the Supreme Court of the State of New York·Decided October 28, 1976·Published

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.

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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.

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).

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