Kretsch v. Denofrio
Appellate Division of the Supreme Court of the State of New York
Appeal "by the plaintiff, Martin Kretseh, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 8th day of March, 1909, and from said order as resettled by an order entered on the 29th day of March, 1909, permitting defendant to set off a certain judgment against the plaintiff, and also from an order entered in said clerk’s office on the 8th day of March, 1909, denying the plaintiff’s…
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Appeal "by the plaintiff, Martin Kretseh, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 8th day of March, 1909, and from said order as resettled by an order entered on the 29th day of March, 1909, permitting defendant to set off a certain judgment against the plaintiff, and also from an order entered in said clerk’s office on the 8th day of March, 1909, denying the plaintiff’s motion for a stay of the hearing of the motion to offset judgments.'
1Opinion of the Court
Scott, J.:
The plaintiff appeals from an order granting a motion .to set off a judgment obtained by plaintiff in this action against one heretofore obtained against plaintiff in another action and assigned to the defendant herein before the recovery of judgment herein.
It appears that on December 10, 1902, one Pasquale Pati recovered a judgment against the appellant Martin Kretseh for $1,478.64. *618This judgment was afterwards assigned to the defendant Salvatore Denofrio'. • In August, 1906, Denofrio, being advised that the judgment against Kretsch was one upon which a body execution could be…
2Cases cited3 opinions
- Perry v. . ChesterNew York Court of Appeals · 1873
- Smith v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Mackey v. MackeyNew York Supreme Court · 1864
3Cited by9 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Neenan v. Woodside Astoria Transportation Co.New York Court of Appeals · 1933
- Malman v. United StatesCourt of Appeals for the Second Circuit · 1953
- Reisman v. Independence Realty Corp.New York Supreme Court · 1949
- Lopez v. City of New YorkNew York Supreme Court · 1991
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