Legal Opinion

Draco Realty Corp. v. Krapp

City of New York Municipal Court

Decided November 22, 1940Published

1Opinion of the CourtColeman, J.

There is no valid reason, it seems to me, why the city of New York should be immune from third-party process in supplementary proceedings. Section 779 of the Civil Practice Act does not specifically except municipal corporations from its scope, but it should be construed in favor of a policy of aiding a judgment creditor in the discovery of assets of a judgment debtor.

The salaries of the city’s employees are subject to garnishment, but the garnishee order must specify the particular department or bureau in which the judgment debtor is employed. (Civ. Prac. Act, § 684, subd. 6.) Jn many…

2Cases cited2 opinions

  1. Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
  2. Manufacturers Trust Co. v. RossAppellate Division of the Supreme Court of the State of New York · 1937

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