Franklin v. Franklin

Motion to vacate or modify third-party subpoenas is denied. The judgment creditor is the judgment debtor’s former wife, whose claim is for alimony under a decree of divorce for a period subsequent to August, 1940. The judgment debtor became disabled in July, 1940, and the effort is to reach disability payments due him from an insurance company. The question is whether or not such payments can be reached in view of the exemption accorded to such payments under subdivision 2 of section 166 of the Insurance Law. For remedial purposes a wife having a decree for alimony is regarded as a creditor…