Legal Opinion

Rovnianek v. Kossalko

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1901PublishedCited by 2 opinions

Appeal by the plaintiffs, Peter V. Rovnianek and another, from a judgment of the Supreme Court in favor of the claimant j Katie Constant, entered in the office of the clerk of the county of Queens ón the 12th day of November, 1900, upon an order of the Supreme Court, made at the Kings County Special Term confirming the report of a referee.

1Opinion of the Court

■Jenks, J.:

Plaintiffs, by virtue of a levy under execution upon their judgment ugainst the defendant, claimed certain moneys deposited by the defendant with the county clerk of Queens county. They moved the Special Term for an order that the county clerk pay such moneys in part satisfaction. The defendant did not appear on the motion, but, by agreement with the defendant, Mrs. Constant appeared and made claim to the moneys. No question was then raised, nor is any question raised before us, as to the right of the court to determine •the question of the ownership of this money upon the motion.…

2Cited by2 opinions

  1. Baff v. EliasAppellate Division of the Supreme Court of the State of New York · 1912
  2. Kirschenbaum v. BraunsteinNew York Supreme Court · 1927

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