Opinion
December 7, 1942.
Appeal by a judgment creditor from an order exempting his debtor from arrest under a judgment obtained by the creditor in an action on contract wherein it was alleged in the complaint that the defendant was guilty of fraud in incurring the liability sued on. Order, in so far as appealed from, affirmed, without costs. ( Develin v. Cooper, 84 N.Y. 410, 418.) Carswell, Johnston, Taylor and Close, JJ., concur; Lazansky, P.J., dissents and votes to reverse the order and to deny the motion. ( Matter of Perine, 158 Misc. 597; Matter of Berman, 244 App. Div. 95.)