Opinion
November 9, 1943.
Appeal from the City Court of the City of New York, New York County, KELLER, J.
Nathaniel L. Goldstein, Attorney-General ( W. Gerard Ryan of counsel), for appellant.
H. Edwin Goldberg for judgment creditor, respondent.
MEMORANDUM
The service of the third-party subpoena created no lien as against the claim of the State, and the proof showed the debtor's insolvency.
Order reversed, with ten dollars costs and disbursements, and motion granted.
SCHMUCK and HECHT, JJ., concur; McLAUGHLIN, J., dissents in part.
I concur in the reversal but dissent as to the granting of the motion as proof of insolvency should be taken.