Walmor, Inc. v. Markel
This text of 240 A.D. 1007 (Walmor, Inc. v. Markel) 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
Order denying motion to vacate subpoena reversed on the law, without costs, and motion granted, without costs. As a consequence of the adjournment without date, the proceeding lapsed; hence the court was without jurisdiction to issue the subpoenas. The proceeding could not be revived without notice to the judgment debtor. It is not claimed that such a notice was given. (Matter of Mancaruso v. Cuthbert, 224 App. Div. 754; Matter of Otten v. Stromeyer, No. 1, 228 id. 360; Nyamco Associates, Inc., v. King, 147 Misc. 904.) Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.
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240 A.D. 1007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walmor-inc-v-markel-nyappdiv-1933.