FISHMAN v. SANDERS


15 N.Y.2d 298 (1965)

Bess Fishman et al., Appellants, v. Robert H. Sanders, Respondent.

Court of Appeals of the State of New York.

Decided March 18, 1965.


Attorney(s) appearing for the Case

Edgar H. A. Chapman, Richard J. Burke and Robert Granville Burke for appellants.

Jesse S. Richman for respondent.

Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur with Chief Judge DESMOND; Judge FULD concurs in result.


Chief Judge DESMOND.

Plaintiffs, who have a $40,000 judgment against defendant for personal injuries caused by the latter's negligence, are appealing by our leave from the Appellate Division's unanimous affirmance of an order which vacated the judgment insofar as it ran against defendant personally. Both courts below declared the judgment to be one in rem only. The effect of the order was to hold that the judgment...

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