Bart v. Breier

This is an application to vacate a third-party subpeena served in supplementary proceedings (Civ. Prac. Act, § 781), and to direct the return and release of moneys collected by the Sheriff of Nassau County pursuant to an income execution issued by this court under former section 684 of the Civil Practice Act. The facts in this proceeding present an unusual problem.

The petitioners here (designated as appellants) were the named defendants in an action instituted against them in the Nassau County District Court by the respondent as plaintiff. In that action, a judgment was recovered against the…