National Surety Corp. v. Stogel

Appellate Division of the Supreme Court of New York

National Surety Corp. v. Stogel

13 A.D.2d 757, 215 N.Y.S.2d 294, 1961 N.Y. App. Div. LEXIS 10664

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

DecidedMay 23, 1961

StatusPublished

This text of 13 A.D.2d 757 (National Surety Corp. v. Stogel) 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

National Surety Corp. v. Stogel, 13 A.D.2d 757, 215 N.Y.S.2d 294, 1961 N.Y. App. Div. LEXIS 10664 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order entered on December 15, 1960, unanimously reversed, on the law, on the facts, and in the exercise of discretion, and motion for execution against defendant’s person granted, with a stay of said execution for 10 days, and cross motion to open defendant’s default denied, with $20 costs and disbursements to plaintiff-appellant. Defendant, however, may furnish a surety bond in the amount of $4,000 within 10 days after entry of the order entered herein, in which event the order is affirmed, with costs to plaintiff-appellant. The complaint unequivocally charges defendant with embezzlement and the defendant has admitted wrongful misappropriations of his employer’s funds, although not in the amount claimed in the complaint. Upon the expiration of the 10-day [758]*758stay, settle order on notice. Concur — Botein, P. J., Breitel, Stevens, Eager and Bergan, JJ.

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Order entered on December 15, 1960, unanimously reversed, on the law, on the facts, and in the exercise of discretion, and motion for execution against defendant’s person granted, with a stay of said execution for 10 days, and cross motion to open defendant’s default denied, with $20 costs and disbursements to plaintiff-appellant. Defendant, however, may furnish a surety bond in the amount of $4,000 within 10 days after entry of the order entered herein, in which event the order is affirmed, with costs to plaintiff-appellant. The complaint unequivocally charges defendant with embezzlement and the defendant has admitted wrongful misappropriations of his employer’s funds, although not in the amount claimed in the complaint. Upon the expiration of the 10-day [758]*758stay, settle order on notice. Concur — Botein, P. J., Breitel, Stevens, Eager and Bergan, JJ.

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Bluebook (online)

13 A.D.2d 757, 215 N.Y.S.2d 294, 1961 N.Y. App. Div. LEXIS 10664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-surety-corp-v-stogel-nyappdiv-1961.