LEVINE v. BORNSTEIN


4 N.Y.2d 241 (1958)

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

Court of Appeals of the State of New York.

Decided April 3, 1958.


Attorney(s) appearing for the Case

Copal Mintz for appellant.

Fred Goldenberg for respondent.

Chief Judge CONWAY and Judges FULD and VAN VOORHIS concur with Judge FROESSEL; Judges DESMOND, DYE and BURKE dissent and vote to affirm upon the opinion of the Appellate Division.


FROESSEL, J.

The question presented to us here is whether a judgment creditor may issue execution against personal property as well as against specific real property under section 512 of the Civil Practice Act, in a case involving two judgments aggregating $4,503.13, both within one day of 20 years old, on which no prior execution had been issued or leave obtained under section 651 of the Civil Practice Act, and...

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