Rubin v. Freeman Electric Construction Co.

Appeal from an order of the Supreme Court at Special Term, entered February 4, 1959, in New York County, which granted a motion by plaintifi for an order issuing an execution against the person of the appellant.

Memorandum by the Court.

Undisputed on this record and in the briefs filed on the appeal is the fact that the cause of action originally sued upon was one under which an order of arrest might have issued (Civ. Prac. Act, § 826). No question has been raised, moreover, that such cause of action fell under subdivisions 3 and 5 of section 826. Of course, if the cause of action fell within *701su…