Legal Opinion
Security National Bank v. Boccio
New York Supreme Court
Decided July 28, 1969PublishedCited by 3 opinions
1Opinion of the CourtJoseph Liff, J.
This motion pursuant to CPLR 5231 (subd. [g]) and 5240 for an order regulating and denying an income execution is granted and the execution is vacated.
*548The basis for the application is that the judgment obtained by the judgment creditor (plaintiff herein) was discharged in the bankruptcy proceeding of the judgment debtor (defendant Albert M. Somma).
The application is met by the affidavit of an attorney for the bank in which he asserts that, if the judgment were discharge-able, then the movant should have the relief he seeks. He relates that in November, 1966 his client, in business…
2Cases cited4 opinions
- Proctor Securities Corp. v. HandlerNew York Supreme Court · 1957
- In re PaleyAppellate Division of the Supreme Court of the State of New York · 1940
- Matter of PaleyNew York Court of Appeals · 1941
- Thibadeau v. LonscheinNew York Supreme Court · 1959
3Cited by3 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- Fletcher v. Atex, Inc.Court of Appeals for the Second Circuit · 1995
- In re Norton, New York County Courts1969