Isaacs v. Isaacs

Special Term has vacated certain subpoenas directed to third parties in supplemenary proceedings upon the ground that when the third parties challenged the right to examine, stating that they had no property of the debtor, the creditor did not come forward with sufficient proof of the existence of such property. In granting the vacatur the Special Term relied upon the authority of New York Credit Men’s Association v. Schneider (247 App. Div. 896). The case cited was decided prior to the amendment to section 779 of the Civil Practice Act by chapter 694 of the Laws of 1941, which added present…