New York Credit Men's Ass'n v. Schneider

Order denying motion to vacate a subpoena in proceedings supplementary to judgment to examine a third party reversed on the law, with ten dollars costs and disbursements, and motion granted. Section 779 of the Civil Practice Act provides that examination of a third party may be had: (1) By order of the court “ upon proof by affidavit that any person or corporation has, or that there is reason to believe that he or it has, property of the judgment debtor.” This subdivision relaxes the old provisions of section 785 of the Civil Practice Act, which required proof that the third party “ has…