MATTER OF JOSEPH DURST CORP. v. LEADER


51 Misc.2d 72 (1966)

In the Matter of Joseph Durst Corporation, Petitioner, v. Theodore Leader, Respondent.

Supreme Court, Special Term, New York County.

January 10, 1966


Attorney(s) appearing for the Case

Robinson, Silverman, Pearce, Aronsohn & Sand for petitioner. Bergerman & Hourwich for respondent.


ABRAHAM N. GELLER, J.

This is a motion to dismiss a petition for failure to obtain jurisdiction of the person of respondent and on the additional ground of nullity of the petition by reason of improper verification.

Respondent's attorneys issued execution to the Sheriff on a certain judgment in respondent's favor. Thereupon, pursuant to CPLR 5239, petitioner commenced a special proceeding against respondent to determine his right as adverse claimant...

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