Majority
p. 746Elizabeth Nunziata, Appellant, v. Peter E. Small and Catherine C. Small, Respondents.
Judgment unanimously affirmed, with costs. Aside from any other element of the case, plaintiff has neither pleaded nor proved the return of an execution against the property of the judgment debtor, unsatisfied in whole or in part. Such omission makes it impossible to maintain the action. (Adsit v. Butler, 87 N. Y. 585 .) Present — Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ.
Cases cited
- Adsit v. Butler 87 N. Y. 585 p. 746