Fishman v. Sanders

Chief Judge Desmond.

Plaintiffs, who have a $40,000 judgment against defendant for personal injuries caused by the latter’s negligence, are appealing by our leave from the Appellate Division’s unanimous affirmance of an order which vacated the judgment insofar as it ran against defendant personally. Both courts below declared the judgment to be one in rem only. The effect of the order was to hold that the judgment is collectible to the extent only of $22.70 which amount, owing to defendant by his employer, had been attached on motion of plaintiffs in connection with and after service on…