Opinion
April 4, 1967
Rumizen Rumizen for Isaac Miller.
Barandes, Barandes, Moss Emmett for Owens-Illinois Glass Co., Inc.
Goldstein Goldstein for Kiamesha Concord, Inc.
Judgment debtor applies pursuant to section 150 Debt. Cred. of the Debtor and Creditor Law for an order to cancel of record judgments entered and docketed in favor of Owens-Illinois Glass Company, Inc., and Kiamesha Concord, Inc., on the ground that the debts upon which said judgments are based have been discharged in bankruptcy.
The judgment creditors oppose this motion upon the grounds that this court lacks jurisdiction over the matter. The Owens-Illinois Glass Company judgment was obtained in Supreme Court, New York County; and the Kiamesha Concord judgment in Supreme Court, Sullivan County.
Section 150 Debt. Cred. of the Debtor and Creditor Law provides that the application for a discharge of a judgment is to be made "to the court in which a judgment was rendered".
Since the language of the section is clear, the motion to discharge the judgments should be brought in the Supreme Court of New York and Sullivan County, respectively. ( Matter of Jenkins, 36 Misc.2d 1093.) Accordingly, the motion should be denied.