Zirinsky v. Pesce

Motion by judgment creditor, under section 794 of the Civil Practice Act, to direct a third party to pay over to the creditor, moneys alleged to be due to the judgment debtor.

The judgment debtor Pesce is the landlord of certain premises. In a proceeding in the Municipal Court by Pesce against his tenant, the latter deposited with the Clerk of the Municipal Court, the amount of the rent involved. The moving papers purport to show and we assume, for the purpose of this motion, that the landlord has become entitled to this deposit in that proceeding.

The judgment creditor now moves in this court…