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Taylor v. Wynne

32 N.Y. St. Rep. 709 Court N.Y. Gen. Term Decision date 1890-07-18 English

Delivered by Pratt, J.

Contents

Majority

p. 709
Grant B. Taylor, App’lt, v. Frank Wynne et al., Resp’ts.[1]
(Supreme Court, General Term, Second Department
Filed July 18, 1890.)

Headnote

Judgment — Not a lien on leasehold interest where only two years REMAIN UNEXPIRED.
A judgment is not a lien upon a lease having only two years to run, and an assignment of such lease prior to the issuing of execution conveys it free from the lien of the judgment.
Motion for reargument of appeal from order dismissing summary proceedings.
Grant B. Taylor, for motion; Francis Larlcin, opposed.

By § 1430 of the Code, “ real property ” is said to include leasehold property where there is at least five years unexpired of the lease.

In the present case there was but two years unexpired of the lease when the judgment was docketed.

The lease not being “ real property ” the judgment was not a lien upon it. The assignment to the wife conveyed it free from the lien of the judgment, and when the execution was afterwards issued against the husband the lease was no longer his property, and a sale upon an execution against him carried no title to the purchaser.

Another defect upon the face of the petition was that the judgment was not stated to be for twenty-five dollars, exclusive of costs.

We are still of the opinion expressed on the former appeal.

Motion for reargument denied. Ten dollars costs and disbursements.

Barnard, P. J., and Dykman, J., concur.