Smith v. Smith

Motion by judgment creditor in supplementary proceedings for the appointment of a receiver of the property of the judgment debtor.

Prom the supporting affidavit it appears that the only assets known to the judgment creditor are two insurance policies on the life of the judgment debtor, the beneficiary of which is a third person, to wit, the judgment creditor. The judgment debtor contends that these assets are not subject to levy and execution (Insurance Law, § 166) and, therefore, are not subject to seizure in supplementary proceedings (Civ. Prac. Act, § 792), but it is unnecessary to decide…