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Matter of Nabut

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1949
275 App. Div. 1051 (N.Y. App. Div. 1949)

Opinion

October 17, 1949.


Order denying appellant's motion for a summary order directing an attorney to pay over to her moneys alleged to have been received by her as alimony in a divorce action, and by her in part paid to the attorney and in part deposited in court in lieu of an undertaking on appeal, affirmed, with $10 costs and disbursements. It is our opinion that this record does not present a proper case for such summary action against an attorney ( Matter of Bailey v. Rutherford, 242 N.Y. 220, 223); and, furthermore, the judgment of a competent court, after trial of the issues between the parties, may not be thus collaterally impeached. ( Trupin v. D.M.W. Contr. Co., 259 App. Div. 529, 532.) Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.


Summaries of

Matter of Nabut

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1949
275 App. Div. 1051 (N.Y. App. Div. 1949)
Case details for

Matter of Nabut

Case Details

Full title:In the Matter of BLUMA NABUT, Appellant. ALAN NEMSER, Respondent

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

Date published: Oct 17, 1949

Citations

275 App. Div. 1051 (N.Y. App. Div. 1949)