Legal Opinion
National Surety Corp. v. Silver
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1965PublishedCited by 2 opinions
1Opinion of the CourtBreitel, J.
The issue is whether a fidelity insurer, having-recovered a judgment against a bonded employee who embezzled the funds of his insured employer, may enforce the judgment under CPLR 5104 and 5105 (subd. 2) or only under article 52 of CPLR. The difference is between enforcement by order of *399the court with the sanction of punishment for contempt for failure to obey the order and enforcement only against the assets or income of the judgment debtor by way of execution.
Special Term held that the judgment was one only for the payment of money and therefore could be enforced only by execution. In fact…
2Cases cited5 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Fur & Wool Trading Co. v. George I. Fox, Inc.New York Court of Appeals · 1927
- National City Bank v. WaggonerAppellate Division of the Supreme Court of the State of New York · 1930
- National City Bank v. WaggonerNew York Court of Appeals · 1930
- Walford v. HarrisNew York Supreme Court · 1894
3Cited by2 opinions
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