Ruppert v. Erikson

Appellate Division of the Supreme Court of New York

Ruppert v. Erikson

264 A.D. 748, 34 N.Y.S.2d 430, 1942 N.Y. App. Div. LEXIS 4490

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1942·Published

Opinion

Controversy between judgment creditor and assignees as to ownership of fund arising from the surrender of a liquor tax certificate. The money is now in the possession of the Comptroller of the State. The ownership of the fund may not be determined summarily. (Hunter Printing Co., Inc., v. Ace Restaurant, Inc., 258 App. Div. 1020.) There is an arguable controversy which should be determined in a plenary action. Order reversed on the law and facts, with ten dollars costs and disbursements to appellants Propper and Jacobs, d. b. a. Jacobs Business Service, and with ten dollars costs and disbursements to Miltwess Realty Company, Inc. Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ., concur.

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Controversy between judgment creditor and assignees as to ownership of fund arising from the surrender of a liquor tax certificate. The money is now in the possession of the Comptroller of the State. The ownership of the fund may not be determined summarily. (Hunter Printing Co., Inc., v. Ace Restaurant, Inc., 258 App. Div. 1020.) There is an arguable controversy which should be determined in a plenary action. Order reversed on the law and facts, with ten dollars costs and disbursements to appellants Propper and Jacobs, d. b. a. Jacobs Business Service, and with ten dollars costs and disbursements to Miltwess Realty Company, Inc. Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ., concur.

Ruppert v. Erikson, 264 A.D. 748, 34 N.Y.S.2d 430, 1942 N.Y. App. Div. LEXIS 4490 (N.Y. Ct. App. 1942).

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264 A.D. 748 (Ruppert v. Erikson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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