MACEDONIA v. FONTANELLI


12 Misc.2d 1082 (1958)

Gaspare Macedonia et al., Plaintiffs, v. Joseph A. Fontanelli, Defendant.

Supreme Court, Special Term, Kings County.

April 2, 1958.


Attorney(s) appearing for the Case

Samuel Eden for defendant.

Rosario Ingargiola for plaintiffs.


A. DAVID BENJAMIN, J.

This is a motion to vacate an execution against the person of the defendant now in the hands of the Sheriff and issued ex parte. The movant also seeks all adjudication that a body execution will not lie in this action nor upon the judgment rendered herein.

In 1939 plaintiffs instituted an action against defendant for fraud and deceit, charging that some time prior to 1933 defendant...

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