ZECKENDORF v. LUTZ, P. C.


282 A.D.2d 295 (2001)

723 N.Y.S.2d 360

WILLIAM ZECKENDORF et al., Appellants, v. KERRY H. LUTZ, P. C., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 17, 2001.


The causes of action in the amended complaint for trespass, abuse of process and violation of 42 USC § 1983, arising out of the entry of defendants, the attorneys for the judgment creditors, into plaintiff judgment debtor's residence at the Delmonico Hotel pursuant to an ex parte order of the Supreme Court, New York County, to collect on a duly entered judgment, are legally insufficient and were properly dismissed.

Since judicial approval was obtained prior to...

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