Avery v. Ackart
New York County Courts
Application to punish the judgment debtor for a claimed violation of the usual injunction contained in an order in supplementary proceedings. The judgment debtor after the service of the order transferred property; but before the service of the motion papers in this application and after the transfer or cotemporaneously therewith the judgment debtor obtained from the owner of the judgment to whom the judgment creditor had assigned it a satisfaction of the judgment.
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Application to punish the judgment debtor for a claimed violation of the usual injunction contained in an order in supplementary proceedings. The judgment debtor after the service of the order transferred property; but before the service of the motion papers in this application and after the transfer or cotemporaneously therewith the judgment debtor obtained from the owner of the judgment to whom the judgment creditor had assigned it a satisfaction of the judgment. The attorney for the judgment creditor had an agreement with his client to receive one-half of the amount collected on the…
1Opinion of the CourtRoss, J.
Upon obtaining satisfaction of the judgment there is nothing upon which these proceedings can rest. The judgment debtor simply did what he 'had a legal right to do, obtained a satisfaction of the judgment against him and thereupon these proceedings so far as the judgment debtor is concerned necessarily terminated. They were instituted for the purpose of collecting the judgment and all the rights of the judgment creditor incidental to such a proceeding were for the purpose of aiding in the accomplishment of such collection and when the judgment is satisfied that is the end of the matter.…