MATTER OF BART v. BREIER


41 Misc.2d 277 (1963)

In the Matter of Edward J. Bart, Doing Business as King's Home Commodities Company, Respondent, v. Hans W. Breier et al., Appellants.

Supreme Court, Special Term, Nassau County.

December 4, 1963


Attorney(s) appearing for the Case

W. Timothy Darrah for appellants. G. Carlton Walters for respondent.


WILLIAM J. SULLIVAN, J.

This is an application to vacate a third-party subpœna served in supplementary proceedings (Civ. Prac. Act, § 781), and to direct the return and release of moneys collected by the Sheriff of Nassau County pursuant to an income execution issued by this court under former section 684 of the Civil Practice Act. The facts in this proceeding present an unusual problem.

The petitioners here (designated as appellants...

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