¶1A body execution may not be issued to enforce a judgment obtained pursuant to section 15 of the Stock Corporation Law where the misapplication of the funds of the corporation was not accompanied by actual as distinguished from constructive fraud. (Hearn 45th St. Corp. v. Jano, 283 N. Y. 139, 143; Mann v. Chrestopules, 87 App. Div. 222.)
¶2Order affirmed, with ten dollars costs and disbursements.
¶3All concur. Present — McCook, Shientag and Noonan, JJ.