Zeidner v. Sakal

On plaintiff’s motion for an order to issue execution against the person of defendant Poliak,' counsel appeared in opposition before the court at Special Term, and the motion was referred to this court, before which the action had been tried. Through inadvertence, no papers in opposition were submitted on the reference and the motion was granted, but the order to be settled thereon has not been signed.

Upon application of defendant’s attorney, both counsel have appeared before this court and have been heard orally as upon a reargument. An opposing affidavit and memoranda of both counsel have…