Case v. Panzarella

27 Misc. 2d 854, 35 N.Y.S.2d 388, 1942 N.Y. Misc. LEXIS 1236
Appellate Terms of the Supreme Court of New York·Decided April 15, 1942·Published·Cited by 1 cases

Opinions

Per Curiam.

The order of payment to the intervenor-respondent is void as against the judgment creditor, as it was not filed until after the service of the third-party subpoena. (McCorkle v. [855] Herrman, 117 N. Y. 297; Hoboken Wood Flooring Corp. v. Charles B. Saxon, Inc., 9 N. Y. S. 2d 917.)

The order should be reversed, with $10 costs and disbursements, and motion granted.

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Case v. Panzarella, 27 Misc. 2d 854, 35 N.Y.S.2d 388, 1942 N.Y. Misc. LEXIS 1236 (N.Y. Ct. App. 1942).

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