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27 Misc. 2d 854

Case v. Panzarella

Appellate Terms of the Supreme Court of New York · decided 1942-04-15

Relies on McCorkle v. . Herrman

Decided 1942-04-15

Per Curiam.

¶1The order of payment to the intervenor-respondent is void as against the judgment creditor, as it was not filed until after the service of the third-party subpoena. (McCorkle v. *855Herrman, 117 N. Y. 297; Hoboken Wood Flooring Corp. v. Charles B. Saxon, Inc., 9 N. Y. S. 2d 917.)

¶2The order should be reversed, with $10 costs and disbursements, and motion granted.

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