David Sokol, Inc. v. Ribelow

174 Misc. 224, 20 N.Y.S.2d 59, 1940 N.Y. Misc. LEXIS 1763
CourtNew York Supreme Court
DecidedMarch 21, 1940
StatusPublished

This text of 174 Misc. 224 (David Sokol, Inc. v. Ribelow) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
David Sokol, Inc. v. Ribelow, 174 Misc. 224, 20 N.Y.S.2d 59, 1940 N.Y. Misc. LEXIS 1763 (N.Y. Super. Ct. 1940).

Opinion

Steinbbink, J.

Motion to confirm report of official referee and to direct entry of a judgment enforcible by body arrest, pursuant to subdivision 3 of section 826 of the Civil Practice Act, is granted. The gravamen of the cause of action pleaded in the complaint is the alleged wrongful collection and retention of moneys belonging to the plaintiff. By reason of the relationship of the parties and the requirement for an accounting plaintiff brought its action on the equity side. This does not preclude insertion in the judgment of a provision for a body arrest predicated on a finding of conversion. (Cohen Realty Co., Inc., v. Cagino, 239 App. Div. 844.)

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Related

Barney Cohen Realty Co. v. Cagino
239 A.D. 844 (Appellate Division of the Supreme Court of New York, 1933)

Cite This Page — Counsel Stack

Bluebook (online)
174 Misc. 224, 20 N.Y.S.2d 59, 1940 N.Y. Misc. LEXIS 1763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-sokol-inc-v-ribelow-nysupct-1940.