Sherl v. Kurzman

This is a motion to dismiss this proceeding supplementary to execution on a Municipal Court judgment, upon the grounds that the affidavit upon which the order for the examination of the debtor is based does not state that the execution was issued by the clerk of the Supreme Court and that it does not appear that the Municipal Court had jurisdiction to render such judgment and that the judgment was in fact rendered in favor of the creditor. The affidavit states that the execution was “ duly issued out of the Supreme Court, State of New York, county of New York.” If the execution was “ duly…