SEABOARD SUR. CO. v. LATES


37 Misc.2d 88 (1962)

Seaboard Surety Company, Plaintiff, v. John Lates, Defendant.

Supreme Court, Special Term, New York County.

October 16, 1962


Attorney(s) appearing for the Case

Samuel Komoroff for plaintiff. Charles A. Wolfe for defendant.


SAMUEL M. GOLD, J.

The court is satisfied from the papers before it that the defendant is presently unable to pay more than $12.50 per week on account of the judgment. Section 764 of the Civil Practice Act, as amended in 1940, expressly provides that the issuance of an execution against a person "shall rest in the discretion of" the court, even in a case "where the plaintiff's right to arrest the defendant depends...

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