Legal Opinion
Long Island Trust Co. v. Ross
New York Supreme Court
Decided March 29, 1963PublishedCited by 2 opinions
1Opinion of the CourtFrank A. Gulotta, J.
Application for an ex parte warrant of commitment for failure to make installment payments on a judgment, pursuant to an order of the court, is denied.
The basic order herein which was granted without opposition is defective in making an absolute direction to pay weekly payments on the judgment, since section 793 of the Civil Practice Act provides for such payments only out of income.
As was observed in Compton & Co. v. Williams (248 App. Div. 545, 550): “ The order, however, must be modified in one particular. The payments called for by section 793 of the Civil Practice Act are to be made from…
2Cases cited5 opinions
- Clark v. . BiningerNew York Court of Appeals · 1878
- F. E. Compton & Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1936
- Matter of KellyNew York Court of Appeals · 1875
- Williamson v. DrogarisAppellate Division of the Supreme Court of the State of New York · 1936
- Barnard v. BarnardAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by2 opinions
- Yetta Freeman v. Bob HeimanCourt of Appeals for the Tenth Circuit · 1970
- Glassman v. GlassmanAppellate Division of the Supreme Court of the State of New York · 1963