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People ex Rel. Oshlag v. Skinner

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 23, 1956
1 A.D.2d 940 (N.Y. App. Div. 1956)

Opinion

March 23, 1956

Appeal from the Monroe Special Term.

Present — McCurn, P.J., Vaughan, Kimball, Williams and Bastow, JJ. (Order entered March 22, 1956.)


Order dismissing writ of habeas corpus reversed on the law and writ sustained and the Sheriff of Monroe County ordered to discharge and release Benjamin Chartoff from his custody forthwith, on the ground that there is no valid judgment to sustain the body execution. (See Bouker Contr. Co. v. Hailey, 161 App. Div. 617; Hotel Syracuse v. Brainard, 256 App. Div. 105 5; Cooper Lbr. Co. v. Masone, 286 App. Div. 879, and 5 Carmody on New York Practice, p. 3585.) Order directing entry of judgment nunc pro tunc reversed on the law, with $10 costs and disbursements and motion denied, with $10 costs, without prejudice to the right of the plaintiff to proceed under article 35 of the Civil Practice Act. (See Merrick v. Merrick, 266 N.Y. 120.) All concur.


Summaries of

People ex Rel. Oshlag v. Skinner

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 23, 1956
1 A.D.2d 940 (N.Y. App. Div. 1956)
Case details for

People ex Rel. Oshlag v. Skinner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JULIAN A. OSHLAG, Appellant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 23, 1956

Citations

1 A.D.2d 940 (N.Y. App. Div. 1956)

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