White v. Saphire

By the order appealed from, Special Term has denied a motion, made by the judgment creditor herein, for the appointment of a receiver in supplementary proceedings of property of the judgment debtor pursuant to section 804 of the Civil Practice Act, on the ground that plaintiff has already availed himself of the remedy afforded by section 793 of the Civil Practice Act. We think the denial of the application was error.

On August 30, 1939, plaintiff obtained the judgment for $5,255.54 against defendant, in the Supreme Court, New York county, and in September, 1939, began examination of the debtor…