Opinion
May 24, 1949.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.
There appears to be an issue as to whether the judgment debtor actually knew of the judgment creditor's change of address. If he knew of this change and failed to state the proper address in his bankruptcy petition, the judgment debtor would not be entitled to claim the benefit of the discharge in bankruptcy as to the judgment involved. The question of such knowledge should be referred to an official referee. Order unanimously reversed and the matter remitted to an official referee to hear and report to Special Term on the issue aforesaid. Settle order on notice.