General

In the Matter of Herman Lazarus, Judgment Creditor, Respondent, against Daniel Harris, Judgment Debtor, Defendant, and Albert Harris, Impleaded Defendant-Appellant

268 A.D. 772·New York Supreme Court, Appellate Division·1944·NY

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Opinion

In the Matter of Herman Lazarus, Judgment Creditor, Respondent, against Daniel Harris, Judgment Debtor, Defendant, and Albert Harris, Impleaded Defendant-Appellant. [MAJORITY] The respondent judgment creditor has failed to comply with the provisions of section 794 of the Civil Practice Act in that no notice of the application was served upon the judgment debtor. We know of no authority by which the appellant can he required to disclose in writing or otherwise the address of the judgment debtor. Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements to the appellant. Settle order on notice. Present — Martin, P. J., Townley, Glennon, Untermyer and Cohn, JJ.