Feldman v. Baum

Appellate Division of the Supreme Court of New York

Feldman v. Baum

249 A.D. 857, 292 N.Y.S. 760, 1937 N.Y. App. Div. LEXIS 10017

Appellate Division of the Supreme Court of the State of New York·Decided January 29, 1937·Published

Opinion

Appeal by a judgment creditor from orders of the County Court of Nassau county vacating subpoenas against judgment debtors in supplementary proceedings. Orders reversed on the law and the facts, with ten dollars costs and disbursements, and motions to vacate denied, with ten dollars costs; the judgment debtors to appear for examination on five days’ notice. No third party having made claim to a lien upon the judgments, the judgments belong to the judgment creditor and the court was without power to vacate the subpoenas. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Appeal by a judgment creditor from orders of the County Court of Nassau county vacating subpoenas against judgment debtors in supplementary proceedings. Orders reversed on the law and the facts, with ten dollars costs and disbursements, and motions to vacate denied, with ten dollars costs; the judgment debtors to appear for examination on five days’ notice. No third party having made claim to a lien upon the judgments, the judgments belong to the judgment creditor and the court was without power to vacate the subpoenas. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

Feldman v. Baum, 249 A.D. 857, 292 N.Y.S. 760, 1937 N.Y. App. Div. LEXIS 10017 (N.Y. Ct. App. 1937).

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