CENTURY v. EVERYTHING NEW


122 Misc.2d 89 (1983)

Century Factors, as Assignee for First Choice Fabrics & Just in Material, Plaintiff, v. Everything New, Inc., Defendant.

Civil Court of the City of New York, Special Term, New York County.

November 17, 1983


Attorney(s) appearing for the Case

Meyers & Saxon for plaintiff. Ruben Schwartz, Meyer & Schnall for defendant.


LEWIS R. FRIEDMAN, J.

This case presents a novel question: does the Civil Court have jurisdiction to compel a judgment creditor to turn over money to an assignee for the benefit of creditors of the debtor where the funds were obtained by execution on a Civil Court judgment rendered after the assignment? There are also several unusual issues concerning the application of the Debtor and Creditor Law.

The facts are not in dispute. On December 14...

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