Court Square Building, Inc. v. Frankel

Appellate Terms of the Supreme Court of New York

Court Square Building, Inc. v. Frankel

150 Misc. 296, 268 N.Y.S. 806, 1934 N.Y. Misc. LEXIS 1049

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 25, 1934

StatusPublished

This text of 150 Misc. 296 (Court Square Building, Inc. v. Frankel) 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

Court Square Building, Inc. v. Frankel, 150 Misc. 296, 268 N.Y.S. 806, 1934 N.Y. Misc. LEXIS 1049 (N.Y. Ct. App. 1934).

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Opinion

Per Curiam.

It is not a condition precedent to the appointment of a receiver in supplementary proceedings that it be made to appear that the judgment debtor has property which may be applied to the payment of the judgment. (Matter of Ryan v. Wagner, 143 App. Div. 176.) While the court may properly exercise its [297]*297discretion in refusing to appoint a receiver where the only effect would be to harass a judgment debtor without any likelihood of benefit to the judgment creditor, a receiver should be appointed, although there is no present property of the judgment debtor, where the appointment would aid in reducing to possession in the future, by proper legal proceedings, contingent fees of an attorney as and when earned.

Order reversed, with ten dollars costs and disbursements, motion granted and the matter remitted to the court below for appropriate action in accordance with this determination.

All concur; present, Hammer, Callahan and Shientag, JJ.

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Per Curiam.

It is not a condition precedent to the appointment of a receiver in supplementary proceedings that it be made to appear that the judgment debtor has property which may be applied to the payment of the judgment. (Matter of Ryan v. Wagner, 143 App. Div. 176.) While the court may properly exercise its [297]*297discretion in refusing to appoint a receiver where the only effect would be to harass a judgment debtor without any likelihood of benefit to the judgment creditor, a receiver should be appointed, although there is no present property of the judgment debtor, where the appointment would aid in reducing to possession in the future, by proper legal proceedings, contingent fees of an attorney as and when earned.

Order reversed, with ten dollars costs and disbursements, motion granted and the matter remitted to the court below for appropriate action in accordance with this determination.

All concur; present, Hammer, Callahan and Shientag, JJ.

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Bluebook (online)

150 Misc. 296, 268 N.Y.S. 806, 1934 N.Y. Misc. LEXIS 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/court-square-building-inc-v-frankel-nyappterm-1934.

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