Zipkin v. Sullivan

New York Supreme Court

Zipkin v. Sullivan

183 Misc. 460, 49 N.Y.S.2d 597, 1944 N.Y. Misc. LEXIS 2156

DecidedJune 14, 1944

StatusPublished

This text of 183 Misc. 460 (Zipkin v. Sullivan) 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

Zipkin v. Sullivan, 183 Misc. 460, 49 N.Y.S.2d 597, 1944 N.Y. Misc. LEXIS 2156 (N.Y. Super. Ct. 1944).

Pincite

Opinion

Benvenga, J.

Motion to dismiss supplementary proceedings and vacate order of reference denied. The death of the judgment debtor after the institution of third party proceedings does not deprive this court of its power to enforce the lien of the judgment creditor upon assets in the possession of the third party. The lien so acquired survives the death of the judgment debtor as to assets which cannot be reached by execution. In effect, this property is merely subtracted from the assets of the estate which are subject to administration by the executor of the judgment debtor. (Matter of Leverich, 136 Misc. 22, 25, and cases cited.) A different situation ivould be presented if third party proceedings had been instituted after the death of the judgment debtor. (See Carmody’s Practice Manual [1938], p. 900.)

Free access — add to your briefcase to read the full text and ask questions with AI

Benvenga, J.

Motion to dismiss supplementary proceedings and vacate order of reference denied. The death of the judgment debtor after the institution of third party proceedings does not deprive this court of its power to enforce the lien of the judgment creditor upon assets in the possession of the third party. The lien so acquired survives the death of the judgment debtor as to assets which cannot be reached by execution. In effect, this property is merely subtracted from the assets of the estate which are subject to administration by the executor of the judgment debtor. (Matter of Leverich, 136 Misc. 22, 25, and cases cited.) A different situation ivould be presented if third party proceedings had been instituted after the death of the judgment debtor. (See Carmody’s Practice Manual [1938], p. 900.)

Cite This Page — Counsel Stack

Bluebook (online)

183 Misc. 460, 49 N.Y.S.2d 597, 1944 N.Y. Misc. LEXIS 2156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zipkin-v-sullivan-nysupct-1944.

Opinion

Related

Cite This Page — Counsel Stack