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LIVINGSTON v. ZIMMERMAN

5 A.D.2d 812 (1958)

Edward Livingston, an Infant, by Jules E. Livingston, His Guardian ad Litem, et al., Respondents, et al., Plaintiffs, v. John Zimmerman et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 4, 1958

The plaintiff initially obtained an ex parte order directing the turnover of the funds available in partial satisfaction of a judgment theretofore rendered. The defendants' insurance carrier refused to comply with the ex parte order, upon the ground that notices of lien and assignments were filed by a hospital for medical treatment rendered. The plaintiff, asserting that no hospital lien attached, then moved upon notice for an order directing defendants to pay over the sum...

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