Court Square Building, Inc. v. Frankel
Appellate Terms of the Supreme Court of New York
1Per curiam
It is not a condition precedent to the appointment of a receiver in supplementary proceedings that it be made to appear that the judgment debtor has property which may be applied to the payment of the judgment. (Matter of Ryan v. Wagner, 143 App. Div. 176.) While the court may properly exercise its *297discretion in refusing to appoint a receiver where the only effect would be to harass a judgment debtor without any likelihood of benefit to the judgment creditor, a receiver should be appointed, although there is no present property of the judgment debtor, where the appointment would aid in…
2Cases cited1 opinion
- Ryan v. WagnerAppellate Division of the Supreme Court of the State of New York · 1911