Holzer v. Simon

Appellate Division of the Supreme Court of New York

Holzer v. Simon

10 A.D.2d 864, 199 N.Y.S.2d 707, 1960 N.Y. App. Div. LEXIS 10697

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

DecidedApril 11, 1960

StatusPublished

This text of 10 A.D.2d 864 (Holzer v. Simon) 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

Holzer v. Simon, 10 A.D.2d 864, 199 N.Y.S.2d 707, 1960 N.Y. App. Div. LEXIS 10697 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action by a trustee in bankruptcy, the appeal is (1) from an order of the County Court, Nassau County, granting respondent’s motion for summary judgment, and (2) from the judgment entered thereon. Order and judgment reversed, with one bill of $10 costs and disbursements, and motion denied. In our opinion, the record presents issues of fact as to (1) whether the three $100 cheeks were the proceeds of appellant’s prior wages and commissions after garnishee deductions (Civ. Prac. Act, § 684), and (2) whether such proceeds were necessary for the reasonable requirements of the debtor and his family (Civ. Prac. Act, § 79-2, subd. [e]). Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur. [16 Misc 2d 568.]

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In an action by a trustee in bankruptcy, the appeal is (1) from an order of the County Court, Nassau County, granting respondent’s motion for summary judgment, and (2) from the judgment entered thereon. Order and judgment reversed, with one bill of $10 costs and disbursements, and motion denied. In our opinion, the record presents issues of fact as to (1) whether the three $100 cheeks were the proceeds of appellant’s prior wages and commissions after garnishee deductions (Civ. Prac. Act, § 684), and (2) whether such proceeds were necessary for the reasonable requirements of the debtor and his family (Civ. Prac. Act, § 79-2, subd. [e]). Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur. [16 Misc 2d 568.]

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Bluebook (online)

10 A.D.2d 864, 199 N.Y.S.2d 707, 1960 N.Y. App. Div. LEXIS 10697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holzer-v-simon-nyappdiv-1960.