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Barney Cohen Realty Company, Inc. v. Cagino

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1933
239 App. Div. 844 (N.Y. App. Div. 1933)

Opinion

May, 1933.


Resettled order vacating a body execution reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The gravamen of this action is fraud; the complaint alleges false representations to induce plaintiff to part with its property, and the trial court has found that there was such fraud, and, as a part of the relief, plaintiff was given a money judgment because respondent is unable to reconvey all of the property obtained by him by means of such false representations. In our opinion, plaintiff is entitled, under subdivisions 6 and 7 of section 826 of the Civil Practice Act, to a body execution. (See Smith v. Duffy, 37 Hun, 506, and Finkemaur v. Dempsey, 8 Civ. Proc. Rep. 418.) Young, Scudder and Tompkins, JJ., concur; Lazansky, P.J., and Kapper, J., dissent and vote to affirm on the ground that, the action being in equity, an order of arrest could not have been obtained in the first instance, nor can a body execution follow upon the judgment.


Summaries of

Barney Cohen Realty Company, Inc. v. Cagino

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1933
239 App. Div. 844 (N.Y. App. Div. 1933)
Case details for

Barney Cohen Realty Company, Inc. v. Cagino

Case Details

Full title:BARNEY COHEN REALTY COMPANY, INC., a Domestic Corporation, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1933

Citations

239 App. Div. 844 (N.Y. App. Div. 1933)

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