Lisner v. Toplitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the National Citizens’ Bank of the City of New York from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of May, 1903, denying its motion to vacate an order made by a justice of the Supreme Court on the 13th day of March, 1902,' for the examination of - the defendant Toplitz, a judgment debtor in supplementary proceedings, and also to vacate an order made by a justice…
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Appeal by the National Citizens’ Bank of the City of New York from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of May, 1903, denying its motion to vacate an order made by a justice of the Supreme Court on the 13th day of March, 1902,' for the examination of - the defendant Toplitz, a judgment debtor in supplementary proceedings, and also to vacate an order made by a justice of the Supreme Court on the 14th day. of March, 1902, appointing a receiver of said judgment debtor in supplementary…
1Opinion of the Court
Laughlin, J. :
On the 11th day of March, 1902, one David Eisner obtained a judgment for $7,837.10 against Samson L. Toplitz by confession in an action pending in the Supreme Court in the county of New York. Two days later, on the affidavit of one of the attorneys-for the plaintiff showing the recovery of the judgment, that ' execution thereon had been duly issued to the sheriff of the county of New York and returned by him unsatisfied, the order for the examination of the judgment debtor was obtained ex farte and served on the . same day. The judgment debtor appeared" for examination pursuant…
2Cases cited7 opinions
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Wright v. . NostrandNew York Court of Appeals · 1883
- Dittmar v. GouldAppellate Division of the Supreme Court of the State of New York · 1901
- Palmer v. ColvilleNew York Supreme Court · 1892
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3Cited by2 opinions
- Dubuc v. Lazell, Dalley & Co.Appellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Perry v. BerryAppellate Division of the Supreme Court of the State of New York · 1928