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Bell v. Fass

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1986
122 A.D.2d 760 (N.Y. App. Div. 1986)

Opinion

August 4, 1986

Appeal from the Supreme Court, Kings County (Pino, J.).


Appeal dismissed as moot, without costs or disbursements.

In May 1985 upon the defendant's default in payments due under a loan agreement, the plaintiff entered judgment by confession against the defendants. In his moving papers, the plaintiff alleges that the defendants had loaned money to a corporation controlled by the garnishee respondent Mordechai Eli Feder and that payment under this loan was unconditionally guaranteed by Feder. Thereafter, Feder obtained a judgment against the Bankers Trust Company, in an unrelated action in the Civil Court of the City of New York, Kings County. In this special proceeding, the plaintiff, as judgment creditor, seeks to enforce a lien against that judgment. However, in a decision dated May 20, 1986, the Appellate Term for the Second and Eleventh Judicial Districts reversed the judgment which had been in favor of Feder. In view of the Appellate Term's decision, this appeal has been rendered moot. Weinstein, J.P., Niehoff, Lawrence and Eiber, JJ., concur.


Summaries of

Bell v. Fass

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1986
122 A.D.2d 760 (N.Y. App. Div. 1986)
Case details for

Bell v. Fass

Case Details

Full title:HARRY C. BELL, Appellant, v. HAROLD FASS et al., Respondents

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

Date published: Aug 4, 1986

Citations

122 A.D.2d 760 (N.Y. App. Div. 1986)