Legal Opinion
Bonwit-Teller, Division of 721 Corp. v. Rosenstiel
Civil Court of the City of New York
Decided June 18, 1968PublishedCited by 2 opinions
1Opinion of the CourtMastix B. Stecher, J.
Plaintiff and 19 similar establishments sued Mr. and Mrs. Rosenstiel for merchandise sold and services rendered. Ultimately, the plaintiffs all succeeded against Mrs. Rosenstiel only. She in turn obtained judgments over against her husband on cross complaints in some 14 of the actions. Mr. Rosenstiel now seeks an order restraining the collection of these judgments (CPLR 5240).
But one issue has been raised: Must Mrs. Rosenstiel have paid the underlying judgments before she can enforce the judgments granted her on her cross complaints?
By its very nature a judgment for a sum of money, absolute…
2Cases cited7 opinions
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Decker v. . MathewsNew York Court of Appeals · 1855
- Metropolitan Elevated Railway Co. v. KneelandNew York Court of Appeals · 1890
- Cumming & Cumming v. Hackley & FisherNew York Supreme Court · 1811
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cole v. Goldberger, Pedersen & HochronNew York Supreme Court · 1978
- Camrex Contractors (Marine) Ltd. v. Reliance Marine Applicators, Inc.District Court, E.D. New York · 1984