Hoferd v. Oster

The above-entitled action was a mortgage foreclosure and a deficiency judgment amounting to $4,123.84 was rendered therein. Upon that judgment an order in supplementary proceedings directing the examination of a “ third party ” was granted by me and this is a motion to vacate that order upon the ground that the above-named defendants are non-residents of the State of New York and that, therefore, the judgment is not such a one as will support these proceedings. Upon the argument of the motion the preliminary objection was made that this “ third party ” was not in a position where he could…