Bazer v. Himmel

Appellate Terms of the Supreme Court of New York

Bazer v. Himmel

166 Misc. 563, 2 N.Y.S.2d 855, 1938 N.Y. Misc. LEXIS 1358

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 4, 1938

StatusPublished

This text of 166 Misc. 563 (Bazer v. Himmel) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bazer v. Himmel, 166 Misc. 563, 2 N.Y.S.2d 855, 1938 N.Y. Misc. LEXIS 1358 (N.Y. Ct. App. 1938).

Pincite

Opinions

Per Curiam.

By the terms of his judgment the judgment creditor was entitled to the issuance of a body execution against the debtor.

Section 775 of the Judiciary Law, relied upon by the debtor, does not authorize a stay of body execution; it provides for cases wherein an offender may be released from imprisonment.

Orders reversed, with ten dollars costs and disbursements, motion to relieve debtor of failure to pay judgment and staying the issuance of body execution denied; and matter remitted to the justice below for appropriate action on creditor’s application in accordance with this opinion.

Lydon and Frankenthaler, JJ., concur; Hammer, J., concurs in result with memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

By the terms of his judgment the judgment creditor was entitled to the issuance of a body execution against the debtor.

Section 775 of the Judiciary Law, relied upon by the debtor, does not authorize a stay of body execution; it provides for cases wherein an offender may be released from imprisonment.

Orders reversed, with ten dollars costs and disbursements, motion to relieve debtor of failure to pay judgment and staying the issuance of body execution denied; and matter remitted to the justice below for appropriate action on creditor’s application in accordance with this opinion.

Lydon and Frankenthaler, JJ., concur; Hammer, J., concurs in result with memorandum.

Cite This Page — Counsel Stack

Bluebook (online)

166 Misc. 563, 2 N.Y.S.2d 855, 1938 N.Y. Misc. LEXIS 1358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bazer-v-himmel-nyappterm-1938.