Jabitsky v. Solowachik

City of New York Municipal Court

Jabitsky v. Solowachik

150 Misc. 713, 267 N.Y.S. 781, 1933 N.Y. Misc. LEXIS 1719

DecidedNovember 10, 1933

StatusPublished

This text of 150 Misc. 713 (Jabitsky v. Solowachik) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jabitsky v. Solowachik, 150 Misc. 713, 267 N.Y.S. 781, 1933 N.Y. Misc. LEXIS 1719 (N.Y. Super. Ct. 1933).

Pincite

Opinion

Ditore, J.

Judgment modified by inserting therein that a body execution may issue. In an action to recover damages for personal injuries, plaintiff is entitled to body execution. (Civ. Prac. Act, §§ 764, 826.) The fact that plaintiff has not issued execution to a marshal as against defendants’ property is immaterial at this time. A body execution will issue only when execution against property has been returned unsatisfied and this must be considered by the clerk before he issues said body execution. Settle order on notice.

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Ditore, J.

Judgment modified by inserting therein that a body execution may issue. In an action to recover damages for personal injuries, plaintiff is entitled to body execution. (Civ. Prac. Act, §§ 764, 826.) The fact that plaintiff has not issued execution to a marshal as against defendants’ property is immaterial at this time. A body execution will issue only when execution against property has been returned unsatisfied and this must be considered by the clerk before he issues said body execution. Settle order on notice.

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Bluebook (online)

150 Misc. 713, 267 N.Y.S. 781, 1933 N.Y. Misc. LEXIS 1719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jabitsky-v-solowachik-nynyccityct-1933.