132 N.Y.S. 242 | City of New York Municipal Court | 1911
The plaintiff sues the defendants, who are respectively a marshal of the city of Hew York and an attorney of this court, for damages for false imprisonment under the following circumstances: The plaintiff in this
action was the defendant in two actions in the Municipal Court, The actions in the Municipal Court were for conversion, and were heard in that court in June, 1910. The court found a judgment for the plaintiffs in said actions, and upon an inquest, as appears by the record, directed a body execution to issue thereon. The plaintiff here was visited by the marshal at his home, and not conveyed to the jail, but instead attended at the office of the attorney for the plaintiff in the Municipal Court actions, where the' same was settled. The false imprisonment consists in the custody of the plaintiff here by the marshal between his home and the attorney’s office pending the settlement. Upon trial in this court the complaint was dismissed, the judgment of the Municipal Court and the execution issued thereunder having no defective recitals or irregularities in jurisdiction apparent upon their face. The plaintiff here claims, however, that the judgment in the Municipal Court was entered upon default in appearance of the defendants there, and that upon said judgment day the person appearing in behalf of the plaintiff in that action was not an attorney and counselor at law, and consequently the motion for judgment thereon and the judgment entered upon such motion is void. The Penal Law, section 270, provides that it shall be unlawful for any person to practice or appear as attorney and counselor at _ law for another in a court of record in this State; or in any court in the county of Hew York, or as attorney and ' counselor at law for another in any of said courts without having first been duly licensed and admitted to practice law
Judgment accordingly.