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CITY OF NEW YORK v. PANZIRER

23 A.D.2d 158 (1965)

City of New York, Respondent, v. Leo Panzirer, Respondent, and Manufacturers Hanover Trust Company, Intervenor-Appellant

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

May 11, 1965.

Attorney(s) appearing for the Case

Joseph J. Ackell of counsel (Simpson Thacher & Bartlett, attorneys), for intervenor-appellant.

Jacob Friedes of counsel (Stanley Buchsbaum, Louis Pollack and Morris Sutton with him on the brief; Leo A. Larkin, Corporation Counsel), for City of New York, respondent.

BOTEIN, P. J., RABIN, EAGER and STEUER, JJ., concur.

BREITEL, J.

The issue is whether a judgment creditor who has served a third-party information subpœna and restraining notice in judgment enforcement proceedings (but has not yet obtained a turnover order) is entitled to priority over a judgment creditor who subsequently procures a levy under an execution. The determination of the issue depends upon the applicability and effect of CPLR 5234 (subd. [c])....

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