SLAVENBURG SOELLING CORP. v. W. A. ASSOMULL & CO., INC.


15 A.D.2d 645 (1962)

Slavenburg Soelling Corporation, Appellant, v. W. A. Assomull & Co., Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 23, 1962


Order entered on July 24, 1961, denying plaintiff's application for a body execution, unanimously reversed on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion granted.

The test of whether a body execution should issue where the right depends on the nature of the action is whether the pleadings and proof show that the verdict was sought and obtained on one of the grounds specified in section...

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