Photos v. Coufos
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Aleck Photos against Steve Coufos and “John Doe,” the true name of the defendant being unknown, but being the party conducting a restaurant at 995 Westchester Avenue, Borough of the Bronx, New York City, from a judgment for defendants, and from an order denying his motion to vacate it, plaintiff appeals.
1Opinion of the CourtGuy, J.
In this action to foreclose a chattel mortgage a writ of seizure was granted by the court.
The defendants, other than the mortgagor, served an answer countérclaiming for the sum of $389.25 alleged to have been obtained from them through duress by the marshal; said defendants, it is claimed, *218being compelled to pay that sum of money to prevent the marshal from carrying their property away from their place of business.
When the cause was reached for trial, the plaintiff’s attorney moved to discontinue. Upon the objection of the answering defendants, the trial justice marked the action discontinued…
2Cases cited1 opinion
- A. M. Engel & Co. v. DavisNew York Supreme Court · 1913