Dwork v. Cohen
City of New York Municipal Court
1Opinion of the CourtFrank A. Carlin, J.
Plaintiff’s motion for an order seeking leave to issue execution against the person of the defendant herein is denied in the discretion of the court under section 764 of the Civil Practice Act, as well as on the ground that the complaint herein is predicated on causes of action in contract and tort which preclude the relief sought as it cannot be granted unless authorized by each cause of action. (Boyle v. Semenoff, 201 App. Div. 426; Miller v. Scherder, 2 N. Y. 262; Woods v. Armstrong, 29 Misc. 660; B. I. P. [Export] v. Isaacs, 10 F. Supp. 872; 5 Carmody, N. Y. Practice, § 1689.)
2Cases cited4 opinions
- Miller & Becker v. ScherderNew York Court of Appeals · 1849
- Boyle v. SemenoffAppellate Division of the Supreme Court of the State of New York · 1922
- Woods v. ArmstrongNew York Supreme Court · 1899
- B. I. P. (Export), Ltd. v. IsaacsDistrict Court, S.D. New York · 1935