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Bagarozy v. Callas

Appellate Division of the Supreme Court of New York, First Department
May 21, 1957
3 A.D.2d 904 (N.Y. App. Div. 1957)

Opinion

May 21, 1957


Order unanimously reversed and the motion to set aside and vacate the ex parte order directing the examination of the third-party appellant-respondent granted, with $20 costs and disbursements to the third-party appellant, and the cross appeal of plaintiffs, having become moot, hereby is dismissed. On these papers there is no showing that there is reason to suspect that the third party has made an untrue certificate or failed fully to set forth the facts required to be shown by section 918 of the Civil Practice Act. The statute does not authorize examinations in order to provide information for the making of a new and better levy.

Concur — Breitel, J.P., Rabin, Frank, Valente and McNally, JJ.


Summaries of

Bagarozy v. Callas

Appellate Division of the Supreme Court of New York, First Department
May 21, 1957
3 A.D.2d 904 (N.Y. App. Div. 1957)
Case details for

Bagarozy v. Callas

Case Details

Full title:E. RICHARD BAGAROZY et al., Respondents-Appellants, v. MARIA CALLAS, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 21, 1957

Citations

3 A.D.2d 904 (N.Y. App. Div. 1957)

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