MATTER OF CASE v. PANZARELLA


27 Misc.2d 854 (1942)

In the Matter of John Case et al., Doing Business under the Name of Case & Smith Lumber Company, Judgment-Creditors-Appellants, v. Paul V. Panzarella, Judgment-Debtor-Respondent. Anderson Brick & Supply Co., Inc., Intervenor-Respondent.

Supreme Court, Appellate Term, First Department.

April 15, 1942


Attorney(s) appearing for the Case

Joseph Kramer and Albert D. Barsey for appellants. Morris Wagman for respondents.

SHIENTAG and McLAUGHLIN, JJ., concur; HAMMER, J., dissents with opinion.


Per Curiam.

The 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 subpœna. (McCorkle v. Herrman, 117 N.Y. 297; Hoboken Wood Flooring Corp. v. Charles B. Saxon, Inc., 9 N.Y.S.2d 917.)

The order should be reversed, with $10 costs and disbursements...

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