Cornell v. T. V. Development Corp.

Movant is a judgment creditor of defendant in this action, and seeks to vacate an execution issued in this action because issued in violation of a stay granted in this *423action. Movant should have begun a special proceeding under CPLR 5239, and has no .standing in this action (see Baumann & Co. v. Christenson, 146 Misc. 435), but since both execution creditors and the Sheriff have been given notice and are before the court, and since the merits have been argued, the court will treat the motion as a CPLR 5239 proceeding and decide the merits. Movant’s (petitioner’s) execution was delivered to…