Mayer v. Kalbfeld

Appellate Division of the Supreme Court of New York

Mayer v. Kalbfeld

249 A.D. 633, 292 N.Y.S. 173, 1936 N.Y. App. Div. LEXIS 5321

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

DecidedNovember 16, 1936

StatusPublished

This text of 249 A.D. 633 (Mayer v. Kalbfeld) 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

Mayer v. Kalbfeld, 249 A.D. 633, 292 N.Y.S. 173, 1936 N.Y. App. Div. LEXIS 5321 (N.Y. Ct. App. 1936).

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Opinion

In supplementary proceedings an order of the County Court of Westchester county denied, without prejudice to renewal upon a proper showing, the judgment debtor’s motion to vacate an order directing the judgment debtor to appear for examination. The motion was made on the ground the judgment forming the basis of the supplementary proceedings was extinguished by the discharge of the judgment debtor [634]*634in bankruptcy. Order affirmed, with ten dollars costs and disbursements. In our opinion, the nature of the action is sufficiently apparent from the record before the court. Appellant may purge himself of his default by paying costs pursuant to the order under review and appearing for examination on five days’ notice. Young, Hagarty, Johnston, Adel and Taylor, JJ., concur.

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In supplementary proceedings an order of the County Court of Westchester county denied, without prejudice to renewal upon a proper showing, the judgment debtor’s motion to vacate an order directing the judgment debtor to appear for examination. The motion was made on the ground the judgment forming the basis of the supplementary proceedings was extinguished by the discharge of the judgment debtor [634]*634in bankruptcy. Order affirmed, with ten dollars costs and disbursements. In our opinion, the nature of the action is sufficiently apparent from the record before the court. Appellant may purge himself of his default by paying costs pursuant to the order under review and appearing for examination on five days’ notice. Young, Hagarty, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

249 A.D. 633, 292 N.Y.S. 173, 1936 N.Y. App. Div. LEXIS 5321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayer-v-kalbfeld-nyappdiv-1936.