MOBIL OIL CORP. v. LOVOTRO


65 Misc.2d 729 (1971)

Mobil Oil Corporation, Petitioner, v. Sam J. Lovotro et al., Respondents.

County Court, Monroe County.

March 5, 1971


Attorney(s) appearing for the Case

Lacy, Katzen, Greene & Jones (Robert H. Jones of counsel), for petitioner. Kenneth W. Nelson for Sam J. Lovotro and another, respondents.


DAVID O. BOEHM, J.

This is an application pursuant to CPLR 5227 brought by the judgment creditor for an order to obtain rents payable by tenants Bloss to judgment debtor Sam J. Lovotro and his wife as co-owners of the premises occupied by the tenants.

The judgment debtor opposes this application upon the ground that CPLR 5231, which provides for an execution upon income, is the exclusive remedy which the judgment creditors may pursue. In reply...

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