Opinion
January 30, 1950.
In an action to recover for personal injuries, for loss of services and for medical expenses, wherein the complaint charges that the personal injuries resulted from the defendant's passive negligence, order denying appellant's motion to vacate the order of arrest reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs. Appellant's act in conveying to a corporation his share of the hotel premises and the business theretofore carried on by him and his mother, for which he received 50% of the stock of the corporation, are not such special circumstances as should move the court to invoke the drastic remedy of civil arrest in an action not based on willful tort. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.