Citation Numbers: 2 Misc. 2d 691
Judges: Hudson
Filed Date: 7/20/1955
Status: Precedential
Modified Date: 2/5/2022
This is an application for leave to issue execution on a final judgment rendered in an action brought in the Supreme Court of Jefferson County such judgment having-been entered in the office of the County Clerk of Jefferson County on the 19th day of July, 1943 in favor of the plaintiff and against the defendants Harold J. Williams and Paul Burt. The application is made pursuant to sections 651 and 652 of the Civil Practice Act.
The affidavit of plaintiff submitted in support of the application states that the judgment was obtained; that no execution was issued ‘‘ by reason of the fact that he did not wish to work financial hardship on the defendants ”; “ that the defendants failed, neglected and omitted to satisfy the said judgment ”. No other explanation is given for the delay of nearly 12 years.
The defendant in his answering affidavit states that he was never served with the summons and complaint, that he had no knowledge that a judgment had been entered against him until he received a letter from plaintiff’s attorney on June 4, 1955 stating such fact; that the debt has been liquidated by the payment of $200 and the delivery of two refrigerators to plaintiff some 13 years ago and that he had never heard from plaintiff since that time until receipt by him of the afore-mentioned letter of plaintiff’s attorney.
The motion is, therefore, denied, with $10 costs, without prejudice to renew upon papers sufficient to justify relief.
Order accordingly.