In re Weil

This is a motion to vacate an order in supplementary proceedings, upon the ground that the affidavit in support thereof was by the managing clerk in the office of the judgment creditor’s attorney, instead of by the judgment creditor or by the attorney. In support of the motion it is contended that this point was settled by Title Guarantee & Trust Co. v. Brown, 136 App. Div. 843, and other cases hereinafter cited. I think not. In the Title Company case the affidavit was made by an attorney “ connected with the office ” of Mr. Ho veil, the plaintiff’s attorney. The opinion assigns as a reason…