Ritz Carlton Apartments, Inc. v. Fried

Without passing on the point as to whether section 25 of the New York City Municipal Court Code had been complied with, we feel that the order directing the body execution must be reversed for the reason that the defendant being a woman was exempt from body execution under section 765 of the Civil Practice Act. Thé justice below held that because the action involved a *348willful injury to property within the meaning of the Civil Practice Act a body execution might be issued against the defendant, a woman, relying on the authority of Delbon v. Krautwald (165 N. Y. Supp. 534). That was a decision…