Legal Opinion

Friedenberg v. Hollander

Appellate Terms of the Supreme Court of New York

Decided December 13, 1935PublishedCited by 2 opinions

1Per curiam

A garnishee order must be filed in the office of the clerk of the Municipal Court before a garnishee execution properly can be issued. If no motion is made to vacate the order or an execution irregularly issued by reason of failure to file the order, such failure is not jurisdictional and does not of itself affect the validity of the execution. Where more than one execution is outstanding they are to be satisfied in the order of priority. Under the execution the garnishee is required to retain and pay over to the officer presenting same such amount of the indebtedness as the execution shall…

2Cited by2 opinions

  1. Spatz Furniture Corp. v. Lee Letter Service, Inc.Civil Court of the City of New York · 1966
  2. F. B. Matthews & Co. v. Maskin, New York County Courts1941

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