Hottenroth v. Flaherty
Appellate Terms of the Supreme Court of New York
Appeal by the judgment debtor from an order of the Oity Court of the city of Few York, denying a motion to vacate an order for examination in supplementary proceedings.
1Opinion of the CourtSeabury, J.
The judgment debtor moved to vacate the order in supplementary proceedings upon two grounds which require our consideration. These grounds are as follows: *109First, that jurisdiction of supplementary proceedings upon Municipal Court judgments, where a transcript has been filed and an execution issued to a sheriff, belongs exclusively to the Supreme Court; and, Second, that the affidavit upon which the order was made was fatally defective in not setting forth the facts establishing the jurisdiction of the Municipal Court in which the judgment was recovered. The question whether supplementary…
2Cases cited1 opinion
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
3Cited by5 opinions
- Bridges v. KoppelmanCity of New York Municipal Court · 1909
- Rosen v. PolanskyNew York Supreme Court · 1923
- Haggerty v. City of New YorkCity of New York Municipal Court · 1934
- Hausman v. SteinerCity of New York Municipal Court · 1939
- Ellenbogen v. HantmanCity of New York Municipal Court · 1910