Levine v. Bornstein

The question in this case is whether, without leave of the court, a judgment creditor may issue an execution under the provisions of section 512 of the Civil Practice Act on a judgment upon which no prior execution had been issued and where 10 years have lapsed since its docketing. The issue arises on two motions involving two judgments, but otherwise turning on identical facts. Special Term, in a thoughtful and analytical opinion, granted the motions vacating the executions and the notices of levy.

While the question perhaps is a close one, the orders should be reversed and the motions…