Majority
p. 967Jacob S. Grazi, Appellant-Respondent, v. Douglaston Estates, Inc., Respondent-Appellant. Supreme Court, Appellate Term, Second Department, June 30, 1959.
Charles Sutton for appellant-respondent.
Berman <$> Tomaselli for appellant on judgment.
Holman <& Holman for respondent-appellant.
It was improper to vacate the original judgment which had been directed to stand as security when defendant’s default was opened. This judgment, except as to such portion thereof as is in excess of the amount recovered by plaintiff after
p. 968
trial, remains of record and continues unimpaired as a lien against the property of the defendant. (Mott v. Union Bank of City of N. Y., 38 N. Y. 18 ; Pomeroy v. Hocking Valley Ry. Co., 187 App. Div. 158 ; Tierney v. Helvetia Swiss Fire Ins. Co., 126 App. Div. 446 ; MacDougall v. Hoes, 27 Misc. 590 ; Ingber v. De Friesse, 109 N. Y. S. 2d 419 ; 7 Carmody-Wait, New York Practice, § 162, p. 422.)
The judgment entered July 11,1958 should be affirmed, without costs. The order dated September 5,1958 should be vacated and judgment of January 22, 1958 reinstated, to extent indicated herein, as of the date of its original entry.
Concur — Pette, Hart and Brown, JJ.
Judgment affirmed, etc.
Cases cited
- Mott v. Union Bank 38 N. Y. 18 p. 968
- MacDougall v. Hoes 27 Misc. 590 p. 968