Glassman v. Hyder

*975-Concur — Eager, J. P., Rabin and McNally, JJ.; Steuer and Capozzoli, JJ., dissent in the following memorandum by Steuer, J. I would affirm the determination of the Appellate Term. CPLR 6202 provides that any debt against which a money judgment may be enforced under CPLR 5201 is attachable. Under 5201 (subd. [a]) it is provided that a money judgment may be enforced “ against any debt, which is past due or which is yet to become due, certainly or upon demand”. The precise question is whether rent under a lease is a debt certainly to become due. The statutory words have never been interpreted…