Leonard v. Jacobson

The finding in the order “ that the misconduct of the judgment debtor was calculated to or actually did defeat, impair, impede, and prejudice the rights and remedies of the judgment creditor to his actual loss and injury in the sum of $103.8.6, the amount of the judgment against the judgment debtor,” is without any support in the evidence submitted upon the motion and cannot be sustained. Reynolds v. Gilchrest, 9 Hun, 203; Donohue v. Lyons, 30 App. Div. 622.

In the absence of proof that the misconduct complained of did result in loss to the judgment creditor, the order should have been that…