Appellate Terms of the Supreme Court of New York, 1943

Capital Finance Corp. v. Balter

Capital Finance Corp. v. Balter
Appellate Terms of the Supreme Court of New York · Decided May 25, 1943 · Shientag
180 Misc. 461; 45 N.Y.S.2d 107; 1943 N.Y. Misc. LEXIS 2571

Counsel

Melvin Howard Osterman for appellant., Alfred Newman for respondent.

Capital Finance Corp. v. Balter

Opinion of the Court

Per Curiam.

The justice below was not authorized to stay body execution pending payment of judgment by installments.

Order reversed, with ten dollars costs, and motion denied.

Hammer and Hecht, JJ., concur; Shientag, J., dissents.

Dissenting Opinion

Shientag, J.

I dissent and vote for the modification of the order below so as to provide for payment by the defendant of twenty-five dollars a month, and as so modified, affirmed.

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