KROPF v. JOSEPH ELEC. CO.


9 Misc.2d 271 (1957)

Carl Kropf, Individually and Doing Business as International Fluorescent Co., Respondent, v. Joseph Electric Co. Inc., et al., Defendants, and Bernard Orenstein, Appellant.

Supreme Court, Appellate Term, First Department.

June 13, 1957.


Attorney(s) appearing for the Case

Jack Levy and Samuel W. Gilman for appellant.

Freda Silbowitz for respondent.

HECHT, AURELIO and TILZER, JJ., concur.


Per Curiam.

Where a complaint is predicated on causes of action in contract and tort, not all of which authorize the granting of a body execution, such execution may not issue unless it is clear that plaintiff's recovery was based on a cause of action which authorizes a body execution (Boyle v. Semenoff, 201 App. Div. 426). Upon the verdict here, plaintiff lost his right to a body execution and there is nothing that plaintiff could adduce before another...

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