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City New York v. Leo Panzirer

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eBook details

  • Title: City New York v. Leo Panzirer
  • Author : Supreme Court of New York
  • Release Date : January 11, 1965
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 47 KB

Description

The issue is whether a judgment creditor who has served a third-party information subpoena and restraining notice in judgment enforcement proceedings (but has not yet obtained a turnover order) is entitled to priority over a judgment creditor who subsequently procures a levy under an execution. The determination of the issue depends upon the applicability and effect of CPLR 5234 (subd. [c]). The dispute is between the City of New York, which served the information subpoena and restraining notice under CPLR 5222 and 5224, and thereafter instituted a turnover proceeding pursuant to CPLR 5227, and the Manufacturers Hanover Trust Company, which obtained the subsequent execution levy. The third party or garnishee holds an escrow fund otherwise belonging to the judgment debtor Mamet in the amount of $923 pursuant to a written agreement for the sale of the judgment debtor's business.


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