Legal Opinion

Bendick v. Meyer

New York Supreme Court

Decided May 15, 1911PublishedCited by 3 opinions

Motion to vacate order in proceedings supplementary to execution.

1Opinion of the CourtGiegerich, J.

It is alleged in the affidavit upon which the present order for the examination of the judgment *157debtor in supplementary proceedings was obtained that since his last examination under a previous order he has come into the possession of personal property and cash amounting at least to $5,000. Under these circumstances the judgment creditor was clearly entitled to a new order for his debtor’s examination to the end that he might reach the newly-discovered property without first obtaining an order to vacate the former order. The proceedings under the old order, if not already closed or abandoned,…

2Cases cited1 opinion

  1. In re the Supplementary Proceedings v. GlennyNew York Supreme Court · 1907

3Cited by3 opinions

  1. Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913
  2. TIPTON v. FlackIndiana Court of Appeals · 1971
  3. Dorfman v. JacobsNew York Supreme Court · 1917

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