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SHIRE v. BORNSTEIN

6 Misc.2d 764 (1957)

Hyman Shire et al., Plaintiffs, v. Thomas Bornstein, Defendant. In the Matter of Susan Shire, as Administratrix of The Estate of Hyman Shire, Deceased, et al., Judgment Creditors, v. Thomas Bornstein, Judgment Debtor.

Supreme Court, Special Term, New York County.

March 12, 1957.

Attorney(s) appearing for the Case

Wilbur G. Silverman for judgment creditors.

Copal Mintz for judgment debtor.

Sidney Posner for sheriff.

WALTER A. LYNCH, J.

Defendant, the judgment debtor herein, moves to vacate and set aside an execution issued to the Sheriff pursuant to section 512 of the Civil Practice Act and the levy made thereunder. It appears that on September 30, 1931, the plaintiffs obtained a judgment against the defendant for the sum of $11,923.85 by reason of defendant's failure to pay on a collateral bond executed by him and given...

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