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Rathers v. Kaplan

138 N.Y.S. 1002, 3 N.Y. Civ. Proc. R., (N.S.) 21
CourtNew York Supreme Court
DecidedAugust 8, 1911
StatusPublished
Cited by1 cases

This text of 138 N.Y.S. 1002 (Rathers v. Kaplan) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rathers v. Kaplan, 138 N.Y.S. 1002, 3 N.Y. Civ. Proc. R., (N.S.) 21 (N.Y. Super. Ct. 1911).

Opinion

BISCHOFF, J.

[1] It is sufficient that this motion to vacate the restraining provision of the third party order is made in behalf of the corporation having the legal title to the money deposited. The purport of the restraining provision is to preserve the property in the hands of the third party pending an order directing its application towards the payment of the judgment.

[2] Where, however, the ownership of the property by the judgment debtor is in dispute, as it is here, no such order can be had. Locke v. Mabbett, 3 Abb. Dec. 68. The ground for the restraint of the third party having failed, the restraint can serve no further purpose in the proceeding.

Mqtion granted, without costs. Settle order on notice.

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Related

Bank of Aspen v. Fox Cartage, Inc.
511 N.E.2d 1234 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
138 N.Y.S. 1002, 3 N.Y. Civ. Proc. R., (N.S.) 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rathers-v-kaplan-nysupct-1911.