Eleventh Ward Bank v. Heather

Decided October 15, 1897

City of New York Municipal Court · decided 1897-10-15

<p>Supplementary proceedings — Order of examination vacated ' where debtor has real property.</p> <p>An order to examine a judgment debtor, in supplementary proceedings, is properly vacated where it appears that at all times when the judgment was rendered, when execution was returned unsatisfied, and when the order was granted, the judgment debtor was seized in fee and was possessed of real property within the county.</p>

Relies on Importers & Traders' National Bank v. Quackenbush

Decided 1897-10-15

Per Curiam.

¶1An order was obtained against the judgment debtor herein in supplementary proceedings for his examination. At the time it was granted he was seized and in possession of certain real estate in this city. Upon motion, said order was vacated at Special Term because the judgment debtor; when the judgment was rendered, and the execution thereon was returned unsatisfied, and said order in' supplementary proceedings was issued; was the owner and seized in fee of real estate.

¶2 *540We think that the order appealed from must be affirmed. Globe Elec. Co. v. Sternfeld, N. Y. Law Journal, Jan. 7, 1897; Moyer v. Moyer, 7 App. Div. 528; Importers & Traders’ Nat. Bank v. Quackenbush, 143 N. Y. 567.

¶3The order appealed from is, therefore, affirmed, with costs.

¶4Present: Fitzsimons, Conlan and Schuchman, JJ.

¶5Order affirmed, with costs.