Leer Building & Construction Co. v. Harris

Motion to vacate an order heretofore issued for examination of debtor in supplementary proceedings. It appears that a prior order was issued herein for same purpose. I grant that a second order may issue where there is an allegation of fact that a prior order was issued but not served. (Matter of Dorfman v. Jacobs, 100 Misc. 592; Matter of German Exchange Bank v. Schlang, 92 id. 351.) In the instant case the only statement relative to same is “ that a previous application was made but the judgment debtor has alleged he was not served.” This, it seems to me, is but mere equivocation on the…