Legal Opinion

Meinhard v. Millstein

Appellate Terms of the Supreme Court of New York

Decided January 29, 1937Published

1Per curiam

The court below erred in vacating the supplementary proceedings on the ground that more than ten years had elapsed since the entry of the judgment on which they were based.

Section 773 of the Civil Practice Act, relating to proceedings supplementary to judgment, as added by chapter 630 of the Laws of 1935, provides that such a proceeding may be maintained until the judgment is satisfied, vacated or barred by the Statute of *23Limitations. An action on the present judgment would not be barred until the expiration of twenty years from the date when the creditor was first entitled to enforce it.…

2Cases cited2 opinions

  1. Gotham National Bank v. StrunskyNew York Supreme Court · 1936
  2. McMahon v. BonanzaAppellate Division of the Supreme Court of the State of New York · 1933

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