« EelmineJätka »
... dollars ($
.), I hereby direct that said sum shall be applied in satisfaction to the judgment to be entered herein, and the surplus, if any, shall be returned by the clerk to the defendant; and
I further direct that if said deposit, as aforesaid, shall not be sufficient to fully satisfy the judgment to be entered herein, said judgment shall contain the provision that if the same be not fully satisfied within five days after the entry of judgment and service upon the defendants of a copy thereof, the plaintiff shall be entitled to the premises mentioned in the complaint, to wit. rooms on the...... floor in the building known as No.... .... Street, in the Borough of......
City of New York, and to the direction that a warrant shall issue commanding a Marshal of the City of New York to remove all persons from said premises who have been duly served with the summons herein. Dated...
Form No. 7. JUDGMENT
INDEX No.... MUNICIPAL COURT OF THE CITY OF NEW YORK, BOROUGH OF.
Pursuant to the decision of this Court, dated the..... day
192.., and the directions contained therein, it is
the above named plaintiff, recover from... the above named defendants, the sum of...
dollars ($...... .), with.....
.), costs and disbursements, as taxed, amounting in all to.. dollars ($.
.) and it is further ADJUDGED that if this judgment be not fully satisfied within five days after the entry of this judgment and service upon the defendants of a copy thereof, the plaintiff shall be entitled to the possession of the premises mentioned in the complaint, to wit,
rooms on the.... ...floor on the building known as No...
. Street, in the Borough of ........, City of New York; and it is further
ADJUDGED that if this judgment be not fully satisfied as aforesaid, a warrant shall issue commanding a Marshal of the City of New York to remove from the premises above described all persons who have been duly served with the summons herein, to wit, the following named defendants:.
Dated and entered this.
FORM No. 8. WARRANT
TO ANY MARSHAL OF THE CITY OF NEW YORK:
Judgment having been entered on the........ day of..... 192.., wherein, among other things, it was adjudged that the above named plaintiff recover from the defendants... the sum of....
dollars ($........), and the said judgment not having been fully satisfied within five days after the entry thereof and the service upon the defendants of a copy thereof;
Now, therefore, pursuant to the provisions of said judgment the plaintiff is entitled to the possession of the premises mentioned in the complaint, to wit.....
rooms on the.. ...floor in the building known as No..
Street, in the Borough of.....
City of New York, and you are hereby commanded to remove from said premises the following named per
one of the Justices of the Municipal Court of the City of New York, this...... day of....... 192...
FORM No. 9. AFFIDAVIT OF SERVICE TO OBTAIN WARRANT FOR
NON-PAYMENT OF JUDGMENT 17 (Title of case.) STATE OF NEW YORK,
SS. COUNTY OF..
., being duly sworn, deposes and says: I am (a clerk in the office of.....
attorney for the landlord in this action, or, other suitable description).
10 Insert here the names of all defendants who have been summoned and upon whom copy of the judgment has been served.
17 This appears necessary under Chapter 434, Laws of 1921, 85.
19. ., at.......
On the......day of..... Street,.... ...City, I served a copy of the judgment herein, similar in form to the copy thereof hereto annexed (with notice of entry),18 upon..
.., defendant (naming him), by delivering said copy of said judgment (and notice of entry) personally to and leaving the same with said..
or [by delivering said copy of said judgment (and notice of entry) at the residence of said defendant (state address) to.. who was a full grown man (or, other appropriate description) and person of proper age).
(And, in the case of personal service on defendant, add the following:)
Deponent further alleges that he knew the person so served by him as aforesaid to be the same person mentioned and described in said judgment as.
the defendant herein. Sworn to before me this...... day of..
FORM No. 10. AFFIDAVIT OF Non-PAYMENT OF JUDGMENT IN
ORDER TO OBTAIN WARRANT
(Title of case.) STATE OF NEW YORK, COUNTY OF...
being duly sworn, says: I am the plaintiff (or other description of party having knowledge of the fact). Judgment was recovered by the plaintiff above named against the defendant above named on the......day of
18 The phrase in parentheses is apparently not required, but is undoubtedly proper and the better form.
19 This appears necessary pursuant to § 5, Laws of 1921, Chap. 434.
19.., for the sum of....
..dollars and has not been fully satisfied. 20
That no sum whatever (or state other facts) has been paid to the plaintiff in satisfaction of the aforesaid judgment (except........)
Sworn to before me this...... day of..
20 This affidavit should be sworn to after five days have elapsed after entry and service upon the defendant of a copy thereof ($ 5 of Chap. 434 of Laws of 1921).