Dannenberg v. L. Leopold & Co.

By the service of the third party subpoena upon the City of New York the judgment creditor acquired a lien upon the fund held by the city (Matter of Wickwire Spencer St. Co. v. Kemkit Sci. Corp., 292 N. Y. 139). It is, therefore, clear that the right of the judgment creditor is superior to that of Healy, who became the assignee of the fund after the third party subpoena had been served. I do not consider the averments of the judgment debtor’s employee, Bova, even if taken at full value, sufficient to establish a binding agreement by Dannenberg, the judgment creditor, to subordinate to Healy.

Th…