Knickebocker Hospital v. Chemical Bank

This is a special proceeding brought by a judgment creditor to compel a banking institution to turn over funds standing to the credit of the judgment debtor in ■satisfaction of the judgment (CPLR 5227). The longhand affidavit of the- debtor’s husband prepared with the aid of *619court personnel setting forth his wife’s inability to attend and various defenses including nonservice, payment and Statute of Limitations, is read only as an application for an adjournment. This decision makes that application moot.

This proceeding is bottomed on the judgment. If the entry of judgment is invalid on the…