Legal Opinion

Mariano v. Cathay House Chinese Restaurant, Inc.

New York Supreme Court

Decided March 14, 1951PublishedCited by 3 opinions

1Opinion of the CourtTaylor, J.

In a proceeding supplementary to execution, judgment creditors seek an order requiring the Comptroller of the State of New York to turn over to them funds in his hands toward the partial satisfaction of a judgment pursuant to section 794 of the Civil Practice Act.

It appears that the judgment debtor had surrendered its restaurant liquor license on June 12, 1950, and thereby became entitled to a refund thereon. The judgment was docketed on June 20, 1950, and on June 21, 1950, a third-party subpoena containing appropriate injunctive provisions was served on the State Comptroller. On August 17,…

2Cases cited5 opinions

  1. Wickwire Spencer Steel Co. v. Kemkit Scientific Co.New York Court of Appeals · 1944
  2. Atlas Advertising Agency, Inc. v. Casa Cubana, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
  3. Alchar Realty Corp. v. Meredith Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
  4. F. & M. Schaefer Brewing Co. v. Amsterdam Tavern, Inc.New York Supreme Court · 1939
  5. Matter of Strand v. PiserNew York Court of Appeals · 1943

3Cited by3 opinions

  1. City of New York v. Bedford Bar & Grill, Inc.New York Court of Appeals · 1957
  2. Degenstein v. China Lantern, Inc.New York Supreme Court · 1951
  3. Ryan Ready Mixed Concrete Corp. v. Tallini Construction Corp.New York Supreme Court · 1959

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