Morris Plan Industrial Bank v. Rives

Appellate Terms of the Supreme Court of New York

Morris Plan Industrial Bank v. Rives

180 Misc. 495, 44 N.Y.S.2d 745, 1943 N.Y. Misc. LEXIS 2509

Appellate Terms of the Supreme Court of New York·Decided May 11, 1943·Published·Cited by 2 cases

Opinion

Memorandum Per Curiam.

It is not conclusively shown that the facts here were such as were or could have been litigated in the prior action.

Even though body execution may not issue and discharge in bankruptcy may be speculative, as defendant says, she has not shown that the substance of any of her rights or interests established in the first action will be destroyed or impaired in the prosecution of the second. (Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N. Y. 304.)

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.

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

Memorandum Per Curiam.

It is not conclusively shown that the facts here were such as were or could have been litigated in the prior action.

Even though body execution may not issue and discharge in bankruptcy may be speculative, as defendant says, she has not shown that the substance of any of her rights or interests established in the first action will be destroyed or impaired in the prosecution of the second. (Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N. Y. 304.)

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.

Morris Plan Industrial Bank v. Rives, 180 Misc. 495, 44 N.Y.S.2d 745, 1943 N.Y. Misc. LEXIS 2509 (N.Y. Ct. App. 1943).

Pincite

180 Misc. 495 (Morris Plan Industrial Bank v. Rives) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related