Pine v. M. E. Conran Co.

Appellate Division of the Supreme Court of New York

Pine v. M. E. Conran Co.

268 A.D. 783, 48 N.Y.S.2d 768, 1944 N.Y. App. Div. LEXIS 3460

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

DecidedJune 12, 1944

StatusPublished

Cited by2 cases

This text of 268 A.D. 783 (Pine v. M. E. Conran Co.) 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

Pine v. M. E. Conran Co., 268 A.D. 783, 48 N.Y.S.2d 768, 1944 N.Y. App. Div. LEXIS 3460 (N.Y. Ct. App. 1944).

Pincite

Opinion

Defendant appeals from an order granting an injunction restraining it from prosecuting pending supplementary proceedings. Order modified on the law by striking out the figures “ $250 ” and by inserting in place thereof the following: “ $3,456.84, the full amount of the judgment, including interest and costs, and a further sum of $250, to pay to defendant all damages and costs which may be awarded to it ”; and by striking out everything following the words “ upon the attorneys for the defendant.” As so modified, the order is affirmed, with ten dollars costs and disbursements to appellant. The injunction order granted in this action stays “proceedings upon a judgment for a sum of money” within the purview of section 886 of the Civil Practice Act, and the court was without power to stay the proceedings unless a bond was furnished, as provided in that section. Close, P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur. [See post, pp. 822, 909.]

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Defendant appeals from an order granting an injunction restraining it from prosecuting pending supplementary proceedings. Order modified on the law by striking out the figures “ $250 ” and by inserting in place thereof the following: “ $3,456.84, the full amount of the judgment, including interest and costs, and a further sum of $250, to pay to defendant all damages and costs which may be awarded to it ”; and by striking out everything following the words “ upon the attorneys for the defendant.” As so modified, the order is affirmed, with ten dollars costs and disbursements to appellant. The injunction order granted in this action stays “proceedings upon a judgment for a sum of money” within the purview of section 886 of the Civil Practice Act, and the court was without power to stay the proceedings unless a bond was furnished, as provided in that section. Close, P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur. [See post, pp. 822, 909.]

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Bluebook (online)

268 A.D. 783, 48 N.Y.S.2d 768, 1944 N.Y. App. Div. LEXIS 3460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pine-v-m-e-conran-co-nyappdiv-1944.

Opinion

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