General
In the Matter of the Examination of Stefano Luciano, Judgment Debtor, Respondent, in Proceedings Supplementary to Execution upon the Application of Cornell Bros., Judgment Creditor, Appellant, under Judgment Recovered in an Action Entitled Cornell Brothers, Plaintiff, v. Stefano Luciano and Richard W. Fitch, Defendants
161 A.D. 945·New York Supreme Court, Appellate Division·1914·NY
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Opinion
In the Matter of the Examination of Stefano Luciano, Judgment Debtor, Respondent, in Proceedings Supplementary to Execution upon the Application of Cornell Bros., Judgment Creditor, Appellant, under Judgment Recovered in an Action Entitled Cornell Brothers, Plaintiff, v. Stefano Luciano and Richard W. Fitch, Defendants.
Appeal by Cornell Bros., judgment creditor, from an order of the County Court of Westchester county, entered in the office of the clerk of said county on the 14th day of January, 1914.
[MAJORITY — Per Curiam:]
Per Curiam:
We are of opinion that the affidavit upon which the order in supplementary proceedings was based was sufficient. (See Jaques v. Willett, 104 N. Y. Supp. 500, and Sherl v. Kurzman, 60 Misc. Rep. 332.) The order appealed from is reversed, with ten dollars costs and disbursements, and the matter is remitted to the County Court of Westchester county for further proceeding. Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ., concurred. Order of the County Court of Westchester county reversed, with ten dollars costs and disbursements, and matter remitted to said court for further proceeding.