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Schubart v. Hirschberg

65 N.Y.S. 1145 Court N.Y. City Ct. Decision date 1900-06-20 English

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p. 1145
SCHUBART et al., Appellants, v. HIRSCHBERG, Respondent.
(City Court of New York, General Term.
June 20, 1900.)

Headnote

Action by Louis H. Schubart and others against Henry M. Hirschberg. From an order denying plaintiffs’ motion to vacate and set aside a satisfaction piece for a sum less than the judgment, they appeal. Affirmed. Hoff & Jacoby, for appellants. Henry Staton, for respondent.

This is an appeal from the order dated October 27, 1899, denying the plaintiffs’ motion to vacate and set aside a satisfaction piece for a sum less than the amount of the judgment in said action, and filed in the clerk’s office. As this appeal must be decided on the papers used on the motion, and we think the same, after examination, show amply that the justice at special term determined this matter correctly, we must therefore uphold his decision. The order herein is hereby affirmed, with costs and disbursements.

O’DWYER, J., concurs.