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MATTER OF STEIN

60 Misc.2d 544 (1969)

In the Matter of The Estate of Milton Stein, Deceased.

Surrogate's Court, Westchester County.

April 11, 1969

Attorney(s) appearing for the Case

George Garfunkel for executor, movant. Levy, Murphy & Stolz for respondent.

OTTO C. JAEGER, S.

This is a motion by the executor to vacate a restraining notice served upon him as judgment debtor pursuant to CPLR 5222. The judgment was entered in the City Court of the City of New York, County of New York, against the executor in his representative capacity.

CPLR 5222 provides that a judgment debtor served with a restraining notice "is forbidden to make or suffer any sale, assignment...

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