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171 Misc. 673

Dwelling Managers, Inc. v. Mills

Appellate Terms of the Supreme Court of New York · decided 1939-05-24

Decided 1939-05-24

Per Curiam.

¶1In the absence of a recital in the order to show cause or the order appealed from that the court is satisfied that with reasonable diligence the debtor cannot be found within the State, the order appointing the receiver cannot be sustained.

¶2Order reversed and motion denied, with ten dollars costs and disbursements to appellant, to be set off against the judgment.

¶3Present — McCook, Frankenthaler and Noonan, JJ.

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