MATTER OF TRIMBLE v. BEAUDRY


9 A.D.2d 675 (1959)

In the Matter of Lenore S. Trimble, Judgment Creditor, v. Arthur A. Beaudry, Judgment Debtor. Christopher R. Trimble, Individually and as Administrator of The Estate of Mae Malone, Deceased, et al., Appellants; Lenore S. Trimble, Respondent

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

October 27, 1959


Orders denying motions to vacate third-party subpœnas unanimously reversed, on the law, and the subpœnas vacated, without costs. Both subpœnas were void on their face as neither was issued within two years from the date of the recited judgment (Civ. Prac. Act, § 779, subd. 2). Order denying motion to vacate third-party order unanimously affirmed, on the facts and on the law, without costs. Issues of fact are presented whether the person to whom the...

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