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Matter of Shapiro v. Shapiro

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1933
240 App. Div. 730 (N.Y. App. Div. 1933)

Opinion

June, 1933.


Order granting motion to vacate appointment of receiver affirmed, with ten dollars costs and disbursements. The court was without power to appoint a receiver in this proceeding for the reasons: (1) There is no proof that proceedings supplementary to execution under article 45 of the Civil Practice Act had been instituted or were pending at the time the order was made; (2) the record does not show that the judgment creditor was entitled to maintain supplementary proceedings, there being no proof that an execution had been issued or returned; (3) it does not appear that the judgment debtor was or is a resident of Kings county; (4) there was not sufficient proof "that the said judgment debtor * * * cannot with due diligence be served with notice of these proceedings." Young, Kapper, Hagarty, Scudder and Tompkins, JJ., concur.


Summaries of

Matter of Shapiro v. Shapiro

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1933
240 App. Div. 730 (N.Y. App. Div. 1933)
Case details for

Matter of Shapiro v. Shapiro

Case Details

Full title:In the Matter of Supplementary Proceedings of MILDRED SHAPIRO, Judgment…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1933

Citations

240 App. Div. 730 (N.Y. App. Div. 1933)