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ACORN MFG. CO. v. WARNER

21 Misc.2d 288 (1959)

Acorn Mfg. Co., Inc., Appellant, v. Joseph Warner, Respondent.

Supreme Court, Appellate Term, First Department.

December 10, 1959.

Attorney(s) appearing for the Case

Gerald M. Bloomfield for appellant.

Jacob I. Polstein for respondent.

Concur — STEUER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The plaintiff recovered a judgment in its action in fraud and deceit. We do not reach the question whether a body execution will issue thereupon. Only upon an appropriate application under section 764 of the Civil Practice Act could that question be answered. (Arnold v. National Plastikwear Fashion, 6 A.D.2d 411.)

The judgment in plaintiff's favor appealed...

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