Legal Opinion

ITT Commercial Finance Corp. v. Bailey

New York Supreme Court

Decided July 12, 1995Published

1Opinion of the Court

OPINION OF THE COURT

Joseph Gerace, J.

Plaintiff, holder of an unsatisfied judgment against defendant, seeks an order prohibiting defendant judgment debtor from carrying out his expressed intent to be present at post-judgment third-party examinations of witnesses plaintiff intends to schedule pursuant to CPLR 5223 and 5224.

The judgment creditor also seeks an order confirming Supreme Court orders granted eight years ago by the late Hon. Joseph J. Ricotta, Supreme Court Justice, denying defendant debtor the right to "intervene and participate” in such proceedings, or to represent, as attorney, a…

2Cases cited6 opinions

  1. Gibson v. . HaggertyNew York Court of Appeals · 1868
  2. Smith v. CutterAppellate Division of the Supreme Court of the State of New York · 1901
  3. James v. PowellNew York Supreme Court · 1966
  4. James v. PowellNew York Supreme Court · 1966
  5. Matthews v. HendryAppellate Division of the Supreme Court of the State of New York · 1898

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