Siegel v. Gussow
Appellate Division of the Supreme Court of the State of New York
Appeal by Louis Bendet from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of August, 1916, vacating executions issued pursuant to section 1391 of the Code of Civil Procedure directing the sheriff to levy against the salary due and owing and to become due and owing to Abraham Gussow to satisfy a judgment which the appellant had duly obtained against him.
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Appeal by Louis Bendet from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of August, 1916, vacating executions issued pursuant to section 1391 of the Code of Civil Procedure directing the sheriff to levy against the salary due and owing and to become due and owing to Abraham Gussow to satisfy a judgment which the appellant had duly obtained against him. The orders upon which the executions were issued were granted ex parte on the application of the appellant. Both appellant and respondent are…
1Opinion of the Court
Laughlin, J.:
The ground upon which the executions were set aside is that notice .of the applications therefor should have been given to the employers of the judgment debtor. The application upon which the executions were set aside was made, not by either of the employers of the judgment debtor, but by Siegel, likewise a judgment creditor of Gussow, upon whose application a like order for an. execution had been granted on the 12th of July, 1916, subsequent to the orders authorizing the executions in favor of the plaintiff. In Neuman v. Mortimer (98 App. Div. 64) this court expressed the…
2Cases cited3 opinions
- W. & J. Sloane v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1905
- Neuman v. MortimerAppellate Division of the Supreme Court of the State of New York · 1904
- Pistchal v. DurantAppellate Division of the Supreme Court of the State of New York · 1915