Denison v. Jackson Bros. Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the judgment creditor, plaintiff, Ernest B. Denison, from an order of a justice of the Supreme Court, entered in the office of the clerk of the county of Kings on the 21st day of May, 1913, vacating an order theretofore made for the examination of the Home Trust Company of New York by its president as a third party in proceedings supplementary to execution,
1Opinion of the Court
Rich, J.:
The plaintiff: appeals from an order vacating an order in Supplementary proceedings which required the respondent by its president to appear and be examined concerning property in its hands belonging to the judgment debtor. The order from which the appeal is taken was made for the sole reason that a receiver of the judgment debtor had been appointed and had duly qualified. Sorrentino v. Langlois (144 App. Div. 271) was cited by the learned justice at Special Term as authority.
The only question presented by this appeal relates to the power of the court to order the examination of a…
2Cases cited3 opinions
- Smith v. CutterAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Fitch v. MeadNew York Supreme Court · 1865
- Sorrentino v. LangloisAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- New York & Brooklyn Casket Co. v. George Edmund Forbell, Inc.New York Supreme Court · 1943