Bank of United States v. Rosengarten

This is a motion to vacate and set aside an order directing the examination of the judgment debtor in proceedings supplementary to judgment upon the ground that such a proceeding is barred after a lapse of more than ten years by the Statute of Limitations (Civ. Prac. Act, § 53). The judgment creditor contends that the 1935 amendment, adding section 773 to the Civil Practice Act, has resulted in extending the period from ten to twenty years, and that, therefore, the present proceeding is maintainable.

Giving due weight to the principles relating to and underlying statutes of limitation as…