Moosa v. Moosa

Appellate Division of the Supreme Court of New York

Moosa v. Moosa

22 A.D.2d 665, 253 N.Y.S.2d 444, 1964 N.Y. App. Div. LEXIS 3012

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 22, 1964

StatusPublished

This text of 22 A.D.2d 665 (Moosa v. Moosa) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moosa v. Moosa, 22 A.D.2d 665, 253 N.Y.S.2d 444, 1964 N.Y. App. Div. LEXIS 3012 (N.Y. Ct. App. 1964).

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Opinion

The appeals from the judgment in favor of plaintiff in the sum of $5,766.90, and the order entered December 17, 1963, denying defendant’s motion to resettle the judgment, are consolidated and the said judgment and order are unanimously modified, on the law and on the facts, to the extent of providing that the total amount received by plaintiff from the Sheriff under the warrant of attachment be applied in reduction of the judgment awarded to plaintiff, and, as so modified, affirmed, without costs. Defendant is entitled to be credited with the amounts heretofore received by plaintiff. In the event the parties do not stipulate as to the amount thereof, the order to be entered may provide for a hearing thereon. Settle order on notice. Concur— McNally, J. P., Stevens, Eager, Steuer and Staley, JJ.

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The appeals from the judgment in favor of plaintiff in the sum of $5,766.90, and the order entered December 17, 1963, denying defendant’s motion to resettle the judgment, are consolidated and the said judgment and order are unanimously modified, on the law and on the facts, to the extent of providing that the total amount received by plaintiff from the Sheriff under the warrant of attachment be applied in reduction of the judgment awarded to plaintiff, and, as so modified, affirmed, without costs. Defendant is entitled to be credited with the amounts heretofore received by plaintiff. In the event the parties do not stipulate as to the amount thereof, the order to be entered may provide for a hearing thereon. Settle order on notice. Concur— McNally, J. P., Stevens, Eager, Steuer and Staley, JJ.

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Bluebook (online)

22 A.D.2d 665, 253 N.Y.S.2d 444, 1964 N.Y. App. Div. LEXIS 3012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moosa-v-moosa-nyappdiv-1964.