Steinmann v. Hosier
New York Supreme Court
Proceeding supplemental to execution by one Steinmann for the examination of Edward B: Hosier as a third .party. On motion to vacate order for the examination of the third party.
1Opinion of the CourtMcCALL, J.
The order to examine Edward B. Hosier as a third party must he vacated for the following reasons:
[1] (a) The only property of the judgment debtor which is claimed to be possessed by the third party is a dower interest in real estate claimed to have been fraudulently assigned. Under section 2441 of the Code, a third party can only be examined if he has personal property of the debtor or is indebted to him in a sum exceeding $10.
[2] (b) A receiver of all the interests of the debtor in this-property has Seen appointed, and if there is real estate in the hands of third persons belonging to the…
2Cases cited2 opinions
- First National Bank v. GowAppellate Division of the Supreme Court of the State of New York · 1910
- Sorrentino v. LangloisAppellate Division of the Supreme Court of the State of New York · 1911