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Vogel v. Ninmark

Supreme Court, Kings Special Term
Mar 1, 1909
62 Misc. 591 (N.Y. Misc. 1909)

Summary

In Vogel v. Ninmark, 62 Misc. 591, however, decided at Special Term in the Second Department of this court in March, 1909, it was held that such an alteration was unauthorized and the order a nullity.

Summary of this case from Matter of Ward v. Stoddard

Opinion

March, 1909.

Leventritt, Cook Nathan, for plaintiff.

Max Hallheimer, for defendant.


This is a motion to punish the defendant for failure to obey an order in supplementary proceedings, made originally by Mr. Justice Stapleton, requiring the defendant to appear and be examined as to his property on August 31, 1908. The defendant not having been served, the order was subsequently altered by another justice by changing August thirty-first to September twenty-ninth. The latter justice's initials were written in the margin opposite the alteration to authenticate it. It was served, so altered, on September ninth. The defendant did not attend. The other justice had no more power to change Justice Stapleton's order than the man in the street. Another justice, after its alteration, could have signed it, making it his own order, but he had no power to alter it. It was no longer, after the alteration, an order of any justice. It was an absolute nullity, and the defendant was under no obligation to obey it. See Code Pro., § 772. Motion denied, with ten dollars costs to the defendant, to be paid by the plaintiff's attorney to the defendant.

Motion denied, with ten dollars costs to the defendant, to be paid by the plaintiff's attorney to the defendant.


Summaries of

Vogel v. Ninmark

Supreme Court, Kings Special Term
Mar 1, 1909
62 Misc. 591 (N.Y. Misc. 1909)

In Vogel v. Ninmark, 62 Misc. 591, however, decided at Special Term in the Second Department of this court in March, 1909, it was held that such an alteration was unauthorized and the order a nullity.

Summary of this case from Matter of Ward v. Stoddard
Case details for

Vogel v. Ninmark

Case Details

Full title:EDWIN C. VOGEL, Plaintiff, v . EDWARD NINMARK, Defendant

Court:Supreme Court, Kings Special Term

Date published: Mar 1, 1909

Citations

62 Misc. 591 (N.Y. Misc. 1909)
116 N.Y.S. 825

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