Legal Opinion
Mobil Oil Corp. v. Lovotro
New York County Courts
Decided March 5, 1971PublishedCited by 2 opinions
1Opinion of the Court
David 0. Boehm, J.
This is an application pursuant to CPLR 5227 brought by the judgment creditor for an order to obtain rents payable by tenants Bloss to judgment debtor Sam J. Lovotro and his wife as co-owners of the premises occupied by the tenants.
The judgment debtor opposes this application upon the ground that CPLR 5231, which provides for an execution upon income, is the exclusive remedy which the judgment creditors may pursue. In reply the judgment creditor argues that CPLR 5231 is limited solely to moneys earned through the regular sustained labor or efforts of a judgment debtor and…
2Cases cited7 opinions
- Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Herrmann Grace v. . the City of New YorkNew York Court of Appeals · 1910
- In Re the Estate of RyanNew York Court of Appeals · 1945
- Sheehy v. Madison Square Garden Corp.New York Court of Appeals · 1934
- Glassman v. HyderAppellate Terms of the Supreme Court of New York · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Neshewat v. SalemDistrict Court, S.D. New York · 2005
- Suffolk Auto Liquidators, Inc. v. Eastern Auto Auction, Inc.New York Supreme Court · 1973