Opinion
January 23, 1950.
Order denying application of the judgment creditor, in proceedings supplementary to judgment, for the appointment of a receiver of the property of the judgment debtor Lillian Mangan, reversed on the law and the facts, with $10 costs and disbursements, the motion granted and matter remitted to Special Term for the appointment of a receiver. The proceedings authorized by article 45 of the Civil Practice Act are now designated as "supplementary to judgment" and not "supplementary to execution" as formerly. (§ 773 et seq.) Such proceedings may be instituted without the issuance of an execution. The examination of the debtor shows she is entitled to share in the rents received from the property owned by her and her husband. The judgment creditor, therefore, was entitled to the appointment of a receiver. Even before the amendment to section 804 of the Civil Practice Act, this court held that the possession of property by the debtor was not a condition precedent to the appointment of a receiver in supplementary proceedings. ( Matter of Ryan v. Wagner, 143 App. Div. 176.) Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.