Holdsworth v. Maxey

Appellate Division of the Supreme Court of New York

Holdsworth v. Maxey

46 A.D.2d 800, 362 N.Y.S.2d 420, 1974 N.Y. App. Div. LEXIS 3615

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

DecidedNovember 18, 1974

StatusPublished

Cited by1 cases

This text of 46 A.D.2d 800 (Holdsworth v. Maxey) 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

Holdsworth v. Maxey, 46 A.D.2d 800, 362 N.Y.S.2d 420, 1974 N.Y. App. Div. LEXIS 3615 (N.Y. Ct. App. 1974).

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Opinion

Appeal by the purchaser of real property sold in proceedings in bankruptcy of the two defendants from an order of the Supreme Court, Suffolk County, entered January 29, 1974, which denied his motion to cancel a proposed Sheriff’s sale of the property under an execution upon a money judgment in favor of plaintiff against the defendants. Pursuant to an order of this court, the appeal was reargued on October 30, 1974. The case is remitted to the Special Term for hearing and report on the following issues: (1) whether the bankrupts have been discharged; (2) whether plaintiff ever received a distribution from the bankrupts’ estates; (3) whether, when the subject property was sold by the referee in bankruptcy, it was sold subject to the lien of the judgment in issue; and (4) all other factors ■affecting the sale. In the meantime the appeal will be held in abeyance. Gulotta, P. J., Hopkins, Shapiro, Christ and Munder, JJ., concur.

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Appeal by the purchaser of real property sold in proceedings in bankruptcy of the two defendants from an order of the Supreme Court, Suffolk County, entered January 29, 1974, which denied his motion to cancel a proposed Sheriff’s sale of the property under an execution upon a money judgment in favor of plaintiff against the defendants. Pursuant to an order of this court, the appeal was reargued on October 30, 1974. The case is remitted to the Special Term for hearing and report on the following issues: (1) whether the bankrupts have been discharged; (2) whether plaintiff ever received a distribution from the bankrupts’ estates; (3) whether, when the subject property was sold by the referee in bankruptcy, it was sold subject to the lien of the judgment in issue; and (4) all other factors ■affecting the sale. In the meantime the appeal will be held in abeyance. Gulotta, P. J., Hopkins, Shapiro, Christ and Munder, JJ., concur.

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Bluebook (online)

46 A.D.2d 800, 362 N.Y.S.2d 420, 1974 N.Y. App. Div. LEXIS 3615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holdsworth-v-maxey-nyappdiv-1974.

Opinion

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