Bornstein v. Silverman

This suit arises out of the execution and levy and ex parte injunctions in supplementary proceedings against plaintiff, a judgment debtor, which were vacated in Shire v. Bornstein (6 Misc 2d 764, affd. 4 A D 2d 74, affd. 4 N Y 2d 299). In the first cause of action, defendant — an attorney under whose direction the void execution and levy were procured — is sued for the damages incurred in vacating them. The second cause *364is for the expenses attendant upon procuring the vacatur of the supplementary proceedings. We sustained the complaint herein as a pleading in Bornstein v. Silverman (7 A D 2d…