Fish v. Hahn
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Special Term of the City Court of the city of Hew York, vacating and setting aside an execution against the property of the defendant upon a judgment entered in favor of the plaintiff.
1Opinion of the CourtLeventritt, J.
The plaintiff after recovering a judgment against the defendant assigned it to one Louise W. Fish. An appeal from the judgment resulted in an affirmance and a further judgment for costs. Thereafter executions on both judgments were issued to the sheriff in the name of the plain*450tiff. Subsequently to a levy made upon the defendant’s real property and prior to the day set for the sale thereunder, the defendant moved to vacate the executions and set aside the levies, upon the ground that the plaintiff by virtue of his assignment had divested himself of all interest in the judgments and was not…
2Cases cited1 opinion
- Thurston v. KingNew York Supreme Court · 1854
3Cited by2 opinions
- Fish v. HahnAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Greenhouse v. SheriffAppellate Division of the Supreme Court of the State of New York · 1937