Bon-R Reproductions, Inc. v. Markowitz

Appellate Terms of the Supreme Court of New York

Bon-R Reproductions, Inc. v. Markowitz

83 Misc. 2d 856, 373 N.Y.S.2d 462, 1975 N.Y. Misc. LEXIS 3000

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 8, 1975

StatusPublished

Cited by1 cases

This text of 83 Misc. 2d 856 (Bon-R Reproductions, Inc. v. Markowitz) 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

Bon-R Reproductions, Inc. v. Markowitz, 83 Misc. 2d 856, 373 N.Y.S.2d 462, 1975 N.Y. Misc. LEXIS 3000 (N.Y. Ct. App. 1975).

Pincite

Opinion

Per Curiam.

An order of arrest pursuant to CPLR 6101 is a provisional remedy which is intended to protect the plaintiff during the pendency of an action. If the relief is based upon a defendant’s fraud and deceit, as it is here, then that relief is only available until judgment (CPLR 6111, 6101, subd 1). In this case, however, plaintiff delayed in seeking the relief until after the trial court awarded it judgment. While appellant may have entered the judgment to prevent an order of arrest, which he was legally permitted to do (CPLR 5017, subd a), it was an abuse of discretion to vacate the judgment so as to permit the issuance of an order of arrest. Accordingly, the order of arrest was also improperly granted.

Order, dated March 10, 1975 (Wolin, J.), reversed, motion to vacate denied, and motion for an order of arrest denied, with $10 costs to appellant.

Concur — Dudley, P. J., Fine and Frank, JJ.

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Per Curiam.

An order of arrest pursuant to CPLR 6101 is a provisional remedy which is intended to protect the plaintiff during the pendency of an action. If the relief is based upon a defendant’s fraud and deceit, as it is here, then that relief is only available until judgment (CPLR 6111, 6101, subd 1). In this case, however, plaintiff delayed in seeking the relief until after the trial court awarded it judgment. While appellant may have entered the judgment to prevent an order of arrest, which he was legally permitted to do (CPLR 5017, subd a), it was an abuse of discretion to vacate the judgment so as to permit the issuance of an order of arrest. Accordingly, the order of arrest was also improperly granted.

Order, dated March 10, 1975 (Wolin, J.), reversed, motion to vacate denied, and motion for an order of arrest denied, with $10 costs to appellant.

Concur — Dudley, P. J., Fine and Frank, JJ.

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Bluebook (online)

83 Misc. 2d 856, 373 N.Y.S.2d 462, 1975 N.Y. Misc. LEXIS 3000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bon-r-reproductions-inc-v-markowitz-nyappterm-1975.

Opinion

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