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Matter of Axinn Sons Lumber Co., Inc. v. Osinski

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 559 (N.Y. App. Div. 1934)

Opinion

December, 1934.


Order denying the motion by the judgment debtor to direct the judgment creditor or its attorney to file the examination had in supplementary proceedings reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Where an examination has been had of a judgment debtor pursuant to the provisions of the Civil Practice Act (§§ 773 or 773-a), the order and examination must be filed with the county clerk. ( Renner v. Meyer, 22 Abb. N.C. 438; Fiske v. Twigg, 5 Civ. Pro. 41; Matter of Falkenburg, 19 Misc. 418; Sinnott v. First National Bank, 34 App. Div. 161.) The fact that the proceedings are instituted by the additional or alternative remedy by subpoena (§ 773-a) does not change the rule laid down in the cases cited. Lazansky, P.J., Young, Hagarty, Carswell and Tompkins, JJ., concur.


Summaries of

Matter of Axinn Sons Lumber Co., Inc. v. Osinski

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 559 (N.Y. App. Div. 1934)
Case details for

Matter of Axinn Sons Lumber Co., Inc. v. Osinski

Case Details

Full title:In the Matter of Supplementary Proceedings: AXINN SONS LUMBER CO., INC.…

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

Date published: Dec 1, 1934

Citations

243 App. Div. 559 (N.Y. App. Div. 1934)