Legal Opinion

Conlew, Inc. v. Thompson

City of New York Municipal Court

Decided February 6, 1936PublishedCited by 3 opinions

1Opinion of the CourtMadigan, J.

The judgment creditor’s motion for relief pursuant to section 794 of the Civil Practice Act is denied.

In disposing of the judgment creditor’s application, it is not necessary to determine the meaning of the word “ indebtedness ” as employed in said section 794. That word may possibly be held to be rather all-inclusive.

The statute calls for the exercise of “ discretion ” in deciding as to whether a mandatory order is to be made; but, when an order is granted pursuant to said statute, section 794 of the Civil Practice Act, the judgment creditor would appear to be entitled to payment because the…

2Cases cited1 opinion

  1. Emigrant Industrial Savings Bank v. LehmanCity of New York Municipal Court · 1933

3Cited by3 opinions

  1. Balanoff v. NiosiAppellate Division of the Supreme Court of the State of New York · 2005
  2. Glasser v. RogersDistrict Court, S.D. New York · 1943
  3. Rentall Realty Corp. v. MarksvilleCity of New York Municipal Court · 1939

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