Deutsch v. Mitchell

Motion to direct the escrowee to turn over certain moneys now in its possession to the moving-party is denied. Plaintiff Deutsch had obtained a judgment against defendant Mitchell on a default, following which he effected service on the escrowee of a third-party order containing the usual stay provisions. The judgment was thereafter vacated on the application of the judgment debtor with the proviso that the judgment was to stand as security pending the outcome of an arbitration proceeding. It is to be noted that the order of vacatur specifically deleted proposed provisions for the removal of…