LEVINE v. BORNSTEIN


4 A.D.2d 55 (1957)

R. H. Levine, as Assignee of Atwater Live Poultry Co., Inc., Appellant, v. Thomas Bornstein, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 14, 1957.


Attorney(s) appearing for the Case

Fred Goldenberg for appellant.

Copal Mintz for respondent.

PECK, P. J., FRANK, VALENTE and McNALLY, JJ., concur.


BREITEL, J.

The question in this case is whether, without leave of the court, a judgment creditor may issue an execution under the provisions of section 512 of the Civil Practice Act on a judgment upon which no prior execution had been issued and where 10 years have lapsed since its docketing. The issue arises on two motions involving two judgments, but otherwise turning on identical facts. Special Term, in a thoughtful...

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