Appellate Terms of the Supreme Court of New York, 1911

Sullivan v. Van Valkenburg

Sullivan v. Van Valkenburg
Appellate Terms of the Supreme Court of New York · Decided March 21, 1911 · Seabury
128 N.Y.S. 624 (New York Supplement)

Counsel

Wales F. Severance, for appellant., Hoadly, Lauterbach & Johnson, for respondent.

Sullivan v. Van Valkenburg

Opinion of the Court

SEABURY, J.

A stay of the execution for the period of 30 days was granted upon consent. Prior to the expiration of the itay, an execution was issued. The motion, which was made to set aside the execution, should have been granted.

The order appealed from is modified, to the extent that the plaintiff’s motion to set aside the execution is granted, without costs, and, as modified, it is affirmed, with $10 costs and disbursements to the appellant. All concur.

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