Lemelstretch v. Gerstner
New York Supreme Court
1Opinion of the CourtIrving H. Saypol, J.
The plaintiff seeks reargument of the decision of December 11,1956 denying a body execution against the defendant Sina C. Beller. The error charged to the court is *1047said to be its misplaced reliance on section 818 of the Civil Practice Act, which provides that no order of arrest may be granted after final judgment except as authorized by statute.
The plaintiffs arrived in this country and by 1955 they were already asserting in two lawsuits that they had been fleeced of over $70,000. In this action they sued eight individuals and a corporation alleging that they had parted with $60,000 to be…
2Cases cited2 opinions
- Metropolitan Commercial Corp. v. SchefflerNew York Supreme Court · 1932
- Metropolitan Commercial Corp. v. SchefflerAppellate Division of the Supreme Court of the State of New York · 1934