FERRIS BUICK, INC. v. MARCUS


4 Misc.2d 876 (1956)

Ferris Buick, Inc., Respondent, v. Fred Marcus, Doing Business as Utility Auto Body, Judgment Debtor. Harold Wapnick, Third-Party Appellant.

Supreme Court, Appellate Term, Second Department.

December 19, 1956.


Attorney(s) appearing for the Case

Robert L. Callahan and Peter P. Smith for appellant.

Marshall G. Kaplan for respondent.

PETTE, HART and DI GIOVANNA, JJ., concur.


Per Curiam.

We are of the opinion that, in view of the conflicting affidavits, the interests of justice will best be served by the direction of a hearing for the purpose of determining whether or not the third party willfully and knowingly testified falsely concerning a material subject or matter upon his examination in supplementary proceedings. (Civ. Prac. Act, § 788.) Moreover, the judgment creditor failed...

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