MATTER OF NESBITT v. NESBITT


39 Misc.2d 855 (1963)

In the Matter of Dorothy Nesbitt, Judgment Creditor, v. Donald Nesbitt, Judgment Debtor.

Supreme Court, Special Term, Erie County.

July 30, 1963


Attorney(s) appearing for the Case

Vaughan, Brown, Kelly, Turner & Symons (John E. Leach of counsel), for Aro Corporation. McDonough, Boasberg, McDonough & Beltz (Charles J. McDonough of counsel), for judgment creditor.


MATTHEW J. JASEN, J.

This is a motion by the Aro Corporation for an order vacating the third-party subpœna served upon it by service on the Secretary of State of the State of New York.

The litigation is matrimonial in nature and the plaintiff wife is in search of funds belonging to defendant husband. It appears that the latter, a judgment debtor, is either an employee, officer, or stockholder of the Aro Corporation.

The subpœ...

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