Legal Opinion
Power v. Loonam
New York Supreme Court
Decided February 8, 1966PublishedCited by 4 opinions
1Opinion of the CourtHoward T. Hogan, J.
This motion to vacate the restraining provisions contained in a subpoena duces tecum is granted to the extent of 90% of the fund on hand.
*128The judgment creditor seeks to obtain approximately $269, which is held by the Franklin National Bank in a checking account listed in the name of the judgment debtor’s wife. She has sworn that this fund contains the balance of salary earned by her husband for their current living expenses, and the judgment debtor has stated that the $269 represents the only funds which he and his wife have to support themselves and four children. There is no application to…
2Cases cited4 opinions
- Morris Plan Ind. Bank of N.Y. v. GunningNew York Court of Appeals · 1946
- Ruvolo v. Long Island Rail RoadNew York Supreme Court · 1965
- In re the Estate of CaplanNew York Surrogate's Court · 1949
- In re EdelmanDistrict Court, E.D. New York · 1959
3Cited by4 opinions
- Marine Midland Bank v. Portnoy (In Re Portnoy)United States Bankruptcy Court, S.D. New York · 1996
- Miller v. MonreanAlaska Supreme Court · 1973
- Cable Co. v. NewhouseCourt of Appeals for the Second Circuit · 2001
- New York Post Corp. v. Newman, New York County Courts1971