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CORNELL v. T. V. DEV. CORP.

50 Misc.2d 422 (1966)

Robert Cornell, Plaintiff, v. T. V. Development Corp., Defendant.

Supreme Court, Special Term, Nassau County.

May 9, 1966

Attorney(s) appearing for the Case

Lawrence I. Gerber for judgment creditor. Powell, Goldman & Younger for plaintiff. Jack C. Brill for defendant.

BERNARD S. MEYER, J.

Movant is a judgment creditor of defendant in this action, and seeks to vacate an execution issued in this action because issued in violation of a stay granted in this action. Movant should have begun a special proceeding under CPLR 5239, and has no standing in this action (see Baumann & Co. v. Christenson, 146 Misc. 435), but since both execution creditors and the Sheriff have...

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