Legal Opinion

Ley Realty Corp. v. Foley

City of New York Municipal Court

Decided January 13, 1937PublishedCited by 4 opinions

1Opinion of the CourtKahn, J.

This is an application under section 793 of the Civil Practice Act for an order requiring the debtor to make installment payments on account of a judgment in the sum of $2,180.09 entered on November 3,1934. The judgment is based upon an indebtedness for rent.

The debtor is a retired captain of the United States navy receiving an annual pension of $4,080, or $340 per month.

The judgment creditor relies upon two cases decided since section 793 became effective (Dibner v. Cousminer, 157 Misc. 229; Bool Floral Co., Inc., v. Coyne, 158 id. 13). In each of these cases the debtor was employed by the…

2Cases cited3 opinions

  1. Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
  2. Dibner v. CousminerCity of New York Municipal Court · 1935
  3. Cross Bay Lumber Co. v. SamoaNew York Supreme Court · 1936

3Cited by4 opinions

  1. Bowes v. PerkinsNew York Supreme Court · 1938
  2. Ford v. BaileyAppellate Division of the Supreme Court of the State of New York · 1940
  3. First & Merchants National Bank v. WadeAppellate Terms of the Supreme Court of New York · 1962
  4. Rentall Realty Corp. v. MarksvilleCity of New York Municipal Court · 1939

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