Trimble v. Beaudry

Appellate Division of the Supreme Court of New York

Trimble v. Beaudry

9 A.D.2d 675, 192 N.Y.S.2d 1, 1959 N.Y. App. Div. LEXIS 6537

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

DecidedOctober 27, 1959

StatusPublished

This text of 9 A.D.2d 675 (Trimble v. Beaudry) 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

Trimble v. Beaudry, 9 A.D.2d 675, 192 N.Y.S.2d 1, 1959 N.Y. App. Div. LEXIS 6537 (N.Y. Ct. App. 1959).

Pincite

Opinion

Orders denying motions to vacate third-party subpoenas unanimously reversed, on the law, and the subpoenas vacated, without costs. Both subpoenas were void on their face as neither was issued within two years from the date of the recited judgment (Civ. Prae. Act, § 779, subd. 2). Order denying motion to vacate third-party order unanimously affirmed, on the facts and on the law, without costs. Issues of fact are presented whether the person to whom the order is directed has property of the judgment debtor. Furthermore, a sufficient showing was made to the court at the time the order was granted. (Civ. Prae. Act, § 779, subds. 1, 3.) Concur — Breitel, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Orders denying motions to vacate third-party subpoenas unanimously reversed, on the law, and the subpoenas vacated, without costs. Both subpoenas were void on their face as neither was issued within two years from the date of the recited judgment (Civ. Prae. Act, § 779, subd. 2). Order denying motion to vacate third-party order unanimously affirmed, on the facts and on the law, without costs. Issues of fact are presented whether the person to whom the order is directed has property of the judgment debtor. Furthermore, a sufficient showing was made to the court at the time the order was granted. (Civ. Prae. Act, § 779, subds. 1, 3.) Concur — Breitel, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Bluebook (online)

9 A.D.2d 675, 192 N.Y.S.2d 1, 1959 N.Y. App. Div. LEXIS 6537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trimble-v-beaudry-nyappdiv-1959.