CALDOVINO v. SCALA


14 Misc.2d 891 (1958)

Peter Caldovino, Plaintiff, v. Thomas A. Scala et al., Defendants.

Supreme Court, Trial Term, Kings County.

October 30, 1958.


Attorney(s) appearing for the Case

Sol Nathan for plaintiff.

Samuel Goldstein for Thomas A. Scala, defendant.

Wilbur C. Silverman for Lucy Scala, defendant.


BENJAMIN BRENNER, J.

This is a judgment creditor's action brought pursuant to section 795 of the Civil Practice Act to recover a debt claimed to be due to the judgment debtor by his wife. The judgment was recovered in an action based on fraud.

It is plaintiff's contention that two savings bank accounts, an interest in a leasehold and a business known as Scala Bike Co. constitute assets which, while nominally owned by the judgment debtor's wife...

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