Musica v. Amalfitano
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment rendered in his favor and against the defendant in the Municipal Court of the city of Hew York, thirteenth district, borough of.Manhattan, and from an order vacating an order modifying the judgment.
1Opinion of the CourtLeventritt, J.
The action is for conversion. A verified complaint was served with the summons and, on the return day, the. defendant pleaded a general denial. The trial which followed was concluded on the 2d of May, 1907. On the fourteenth of May the trial justice rendered the usual money judgment in favor of the plaintiff, without stating therein that the defendant was subject to arrest and imprisonment. Upon discovering this omission, the plaintiff’s attorneys, three days later, made an ex parte application to the trial justice for an amendment of the judgment by the insertion of such a provision and, on…
2Cases cited1 opinion
- Ostrom v. SapolskyAppellate Terms of the Supreme Court of New York · 1905