Ely v. Dolen

Order requiring judgment debtor to surrender possession of premises reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We are of opinion that there is no authority in the statute (Civ. Prac. Act, § 793) for the order appealed from. (Matter of Fiss v. Haag, 75 App. Div. 241; Moyer v. Moyer, 7 id. 523; First Nat. Bank of Canandaigua v. Martin, 49 Hun, 571.) Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.