Friedman v. Stein
New York Supreme Court
Action by one Friedman against one Stein. Third party order entered for delivery of personal property by a loan company subject to its lien; and motion denied as to the remainder of the property mentionéd in the moving papers.
1Opinion of the CourtKapper, J.
[1] Section 2447 ,of the Code, empowering a judge . to order the property of a judgment debtor held by a third person to be turned over to the sheriff, relates only to specific personal property of the judgment debtor shown to ’exist, and where the right of the debtor thereto is not substantially disputed. Matter of Ehrich, 134 App. Div. 432, 119 N. Y. Supp. 395; Krone v. Klotz, 3 App. Di.v. 587, 38 N. Y. Supp. 225. A substantial dispute as to the judgment debtor’s ownership of the property, except the watch chain and locket, is presented.
[2] The rule is that, where the question of the title…
2Cases cited3 opinions
- Krone v. KlotzAppellate Division of the Supreme Court of the State of New York · 1896
- Ehrich v. RootAppellate Division of the Supreme Court of the State of New York · 1909
- Thompson v. SageAppellate Terms of the Supreme Court of New York · 1905