285 A.D. 827 | N.Y. App. Div. | 1955
Plaintiff appeals from an order, dated February 18, 1954, denying her motion for leave to issue an execution upon a judgment; from another order dated May 3, 1954, granting her motion for reargument upon additional papers, insofar as the original determination is adhered to; and from a third order dated May 3, 1954, granting defendant’s motion to vacate a notice of levy, which had been given under section 512 of the Civil Practice Act, and to direct cancellation of said notice as a lis pendens, which notice had been recorded and indexed as such. Order on reargument dated May 3, 1954, modified by striking from the ordering paragraph the words “ the original decision is adhered to ” and by substituting in lieu thereof the following: “plaintiff’s original motion for leave to issue execution is granted.” As so modified, order affirmed. Appeal from order dated February 18, 1954, dismissed. Order dated May 3, 1954, granting defendant’s motion to vacate a notice of levy, reversed and motion denied. Appellant is to have a single bill of $10 costs and disbursements on all the appeals, and $10 costs each on her motion for reargument and on defendant’s motion. The judgment in question was entered in the office of the clerk of the county of Orange on May 27, 1935, after trial in the Supreme Court. It was in favor of appellant and against respondent in the amount of $5,510.92. The papers on appeal reveal that the appellant’s attorney of record in that action was A. C. N. Thompson, of No. 5 South Street, Middletown, New York. Almost five years subsequent to the entry of the judgment, respondent filed