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GROEN MFG. CO. v. BAY

37 Misc.2d 466 (1962)

Groen Mfg. Company, Plaintiff, v. Curtis M. Bay, Doing Business as Bay Barn Equipment, Defendant.

Supreme Court, Special Term, Monroe County.

September 4, 1962

Attorney(s) appearing for the Case

Edward J. Gretchen for plaintiff. Francis G. Hessney for defendant.

WILLIAM G. EASTON, J.

This is a motion brought on by a show cause order to vacate an order of arrest on the ground that the plaintiff's moving affidavit upon which the order of arrest dated July 9, 1962 was made, failed to state facts sufficient to justify the arrest of the defendant.

In the first place, the order of July 9, 1962 signed by Justice of the Supreme Court JACOB ARK was not an order of arrest but was actually an execution against the...

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