Joseph Durst Corp. v. Leader

This is a motion to dismiss a petition for failure to obtain jurisdiction of the person of respondent and on the additional ground of nullity of the petition by reason of improper verification.

Respondent’s attorneys issued execution to the Sheriff on a certain judgment in respondent’s favor. Thereupon, pursuant to CPLR 5239, petitioner commenced a special proceeding against respondent to determine his right as adverse claimant to the property levied upon by serving a notice of petition upon the Sheriff and upon the judgment creditor ‘ ‘ in the .same manner as a motion.”

CPLR 5239 provides an…