Bayside Mason Supplies, Inc. v. L. Barber Co., Inc.

This is a motion by judgment debtors to vacate the restraining provisions pursuant to section 781 of the Civil Practice Act contained in a third-party subpoena served in connection with proceedings supplementary to judgment.

The judgment debtors argue that the individual judgment debtor’s employer was personally served with a subpoena containing the restraining provision for his examination as a third party in the supplementary proceedings on or about July 20, 1961, and, thereafter, on August 3, 1961, the individual judgment debtor filed a voluntary petition in bankruptcy and was duly adjudged…