Rosenblum v. Warren-Nash Motor Corp.

This is a motion to dismiss the complaint for insufficiency. The action is by a receiver in proceedings sup*212plementary to execution. It is contended that the complaint is defective, because it is not expressly alleged that the claim upon which this action is based belongs to the judgment debtor (to whose title the receiver succeeded), and that no fact is alleged from which an implication of ownership can be drawn. The argument finds its genesis in the Rules of Civil Practice, rule 175, as construed in King v. Corning Trust Co. (129 Misc. 838). The pertinent part of this rule is as follows…