In re the Supplementary Proceedings v. Glenny
New York Supreme Court
Motion to vacate an order for the examination of a judgment debtor in supplementary proceedings.
1Opinion of the CourtGiegerich, J.
It is conceded by the attorney for the judgment creditor that no orders have been entered upon the decisions dismissing the two former orders for the judgment debtor’s examination. While the failure to enter such orders may not formerly have been a valid objection to the third order, which is now sought to be vacated on the *37ground of the pendency of the prior proceedings (Shults v. Andrews, 54 How. Pr. 380), under the present practice (Code Civ. Pro., § 2454) the proceedings can only he discontinued or dismissed by an order. Rothschild v. Gould, 84 App. Div. 196; Riddle & Bullard Supp. Pro.…
2Cases cited2 opinions
- Rothschild v. GouldAppellate Division of the Supreme Court of the State of New York · 1903
- Shults v. AndrewsNew York Supreme Court · 1878
3Cited by7 opinions
- Bendick v. MeyerNew York Supreme Court · 1911
- Cowen v. William Bernard, Inc.Appellate Terms of the Supreme Court of New York · 1913
- Crystal v. CrystalAppellate Terms of the Supreme Court of New York · 1909
- Roscoe Lumber Co. v. Payne, New York County Courts1914
- Tobias v. WaltonCity of New York Municipal Court · 1909
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