In re the Estate of Stein

Otto C. Jaeger, S.

This is a motion by the executor to vacate a restraining notice served upon him as judgment debtor pursuant to CPLR 5222. The judgment was entered in the City Court of the City of New York, County of New York, against the executor in his representative capacity.

*545CPLR 5222 provides that a judgment debtor served with a restraining notice ‘ ‘ is forbidden to make or suffer any sale, assignment, transfer or interference with any property in which he has an interest ”.

Where, as here, an executor is the judgment debtor in his representative capacity, the estate property held by him…