Cabella v. Hirschman

Appellate Terms of the Supreme Court of New York

Cabella v. Hirschman

154 Misc. 532, 277 N.Y.S. 441, 1935 N.Y. Misc. LEXIS 968

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 1, 1935

StatusPublished

This text of 154 Misc. 532 (Cabella v. Hirschman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cabella v. Hirschman, 154 Misc. 532, 277 N.Y.S. 441, 1935 N.Y. Misc. LEXIS 968 (N.Y. Ct. App. 1935).

Pincite

Opinion

Per Curiam.

A receiver in supplementary proceedings is not authorized to take any property exempt by law from levy. The money which a husband by agreement pays his wife in installments for her support is a debt, which when under twelve dollars per week is not subject to levy even upon application to the court for execution under section 684 of the Civil Practice Act.

Judgment and order reversed, with ten dollars costs, defendant’s motion denied and plaintiff’s motion granted.

All concur; present, Lydon, Hammer and Frankenthaler, JJ.

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Per Curiam.

A receiver in supplementary proceedings is not authorized to take any property exempt by law from levy. The money which a husband by agreement pays his wife in installments for her support is a debt, which when under twelve dollars per week is not subject to levy even upon application to the court for execution under section 684 of the Civil Practice Act.

Judgment and order reversed, with ten dollars costs, defendant’s motion denied and plaintiff’s motion granted.

All concur; present, Lydon, Hammer and Frankenthaler, JJ.

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Bluebook (online)

154 Misc. 532, 277 N.Y.S. 441, 1935 N.Y. Misc. LEXIS 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cabella-v-hirschman-nyappterm-1935.