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SHIRE v. BORNSTEIN

4 N.Y.2d 299 (1958)

Hyman Shire et al., Appellants, v. Thomas Bornstein, Respondent. In the Matter of Susan Shire, as Administratrix of The Estate of Hyman Shire, Deceased, et al., Appellants, v. Thomas Bornstein, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1958.

Attorney(s) appearing for the Case

Wilbur G. Silverman for appellants.

Copal Mintz for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

Per Curiam.

Judgment was entered in plaintiffs' favor for $11,923.85 on September 30, 1931. Execution was not issued until January 7, 1957, which ran against real property. Meanwhile defendant was adjudicated a voluntary bankrupt, and was discharged September 27, 1945. The said execution and proceedings supplementary thereto were properly vacated, both for the reason given by Special Term that the execution was issued...

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