Molnar v. Long Island Amusement Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order denying motions for leave to issue execution reversed on the law, with ten dollars costs and disbursements, and motions granted. On these motions for leave to issue execution more than five years after the judgments were entered pursuant to sections 652 and 653 of the Civil Practice Act, it appears that the judgments were for sums of money only and executions had been previously withheld in the interest of the judgment debtor, which was in financial difficulties. There is no dispute that the judgments were wholly unpaid. Under the circumstances there was no discretion vested in the…
2Cases cited8 opinions
- Bank of Genesee v. . SpencerNew York Court of Appeals · 1858
- Van Rensselaer v. . WrightNew York Court of Appeals · 1890
- Betts v. . GarrNew York Court of Appeals · 1863
- Lee v. WatkinsNew York Supreme Court · 1856
- People v. CarlinAppellate Division of the Supreme Court of the State of New York · 1920
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