Legal Opinion
Glassman v. Hyder
Civil Court of the City of New York
Decided June 1, 1966PublishedCited by 4 opinions
1Opinion of the CourtWilliam S. Shea, J.
Defendants move to vacate the order of attachment and to dismiss the complaint.
The first issue herein is whether this court has jurisdiction pursuant to CPLE 314 (subd. 3). That issue depends upon whether the order of attachment validly attached to rents not yet due under a lease.
CPLE 6202 provides that any debt or property against which a money judgment may be enforced under CPLE 5201 is attachable. CPLE 5201 provides that a money judgment may be enforced against any debt which is yet to become due, certainly or upon demand of the judgment debtor.
It is well settled that an indebtedness is…
2Cases cited9 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Sterling Novelty Corp. v. Frank & Hirsch Distributing Co.New York Court of Appeals · 1949
- Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Herrmann Grace v. . the City of New YorkNew York Court of Appeals · 1910
- Sheehy v. Madison Square Garden Corp.New York Court of Appeals · 1934
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3Cited by4 opinions
- Glassman v. HyderNew York Court of Appeals · 1968
- Hertz, Newmark & Warner v. FischmanCivil Court of the City of New York · 1967
- Tenzer, Greenblatt, Fallon & Kaplan v. AbbruzzeseNew York Supreme Court · 1968
- Mobil Oil Corp. v. Lovotro, New York County Courts1971