Damers v. Sternberger
Appellate Terms of the Supreme Court of New York
Appeal by the judgment-debtor from an order of the City Court of the city of blew York, entered May 21, 1906, granting a motion for the sale of the property interests' of the judgment-debtor.
1Opinion of the CourtMacLean, J.
The defendant, judgment-debtor, appeals from an order of the City Court authorizing and directing the receiver, appointed in supplementary proceedings subsequent to the return of an unsatisfied execution, of all his property, rights and things in action, to sell his estate, right *533and interest in remainder to certain premises situate in the borough of Manhattan, and contends that the remedy by execution must be exhausted. His contention must be sustained, for such receiver, under subdivision 1 of section 2468 of the Code of Civil Procedure, acquires no title to real property nor power to sell…
2Cases cited4 opinions
- Faneuil Hall National Bank v. BussingNew York Court of Appeals · 1895
- First National Bank v. MartinNew York Supreme Court · 1888
- Chadeayne v. GwyerAppellate Division of the Supreme Court of the State of New York · 1903
- Albany City National Bank v. GaynorNew York Supreme Court · 1884
3Cited by2 opinions
- Bartkowaik v. SampsonOneida County Court · 1911
- Hall v. SeniorNew York Supreme Court · 1907