Axinn & Sons Lumber Co. v. Osinski

Appellate Division of the Supreme Court of New York

Axinn & Sons Lumber Co. v. Osinski

243 A.D. 559

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1934

StatusPublished

This text of 243 A.D. 559 (Axinn & Sons Lumber Co. v. Osinski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Axinn & Sons Lumber Co. v. Osinski, 243 A.D. 559 (N.Y. Ct. App. 1934).

Pincite

Opinion

Order denying the motion by the judgment debtor to direct the judgment creditor or its attorney to file the examination had in supplementary proceedings reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Where an examination has been had of a judgment debtor pursuant to the provisions of the Civil Practice Act (§§ 773 or 773-a), the order and examination must be filed with the county clerk. (Renner v. Meyer, 22 Abb. N. C. 438; Fiske v. Twigg, 5 Civ. Pro. 41; Matter of Falkenburg, 19 Misc. 418; Sinnott v. First National Bank, 34 App. Div. 161.) The fact that the proceedings are instituted by the additional or alternative remedy by subpoena (§ 773-a) does not change the rule laid down in the cases cited. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order denying the motion by the judgment debtor to direct the judgment creditor or its attorney to file the examination had in supplementary proceedings reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Where an examination has been had of a judgment debtor pursuant to the provisions of the Civil Practice Act (§§ 773 or 773-a), the order and examination must be filed with the county clerk. (Renner v. Meyer, 22 Abb. N. C. 438; Fiske v. Twigg, 5 Civ. Pro. 41; Matter of Falkenburg, 19 Misc. 418; Sinnott v. First National Bank, 34 App. Div. 161.) The fact that the proceedings are instituted by the additional or alternative remedy by subpoena (§ 773-a) does not change the rule laid down in the cases cited. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

243 A.D. 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/axinn-sons-lumber-co-v-osinski-nyappdiv-1934.

Opinion

Related

Cite This Page — Counsel Stack