NAPOLI v. NAPOLI


146 Misc.2d 152 (1989)

James Napoli, Plaintiff, v. Yolanda Napoli, Defendant.

Supreme Court, New York County.

December 18, 1989


Attorney(s) appearing for the Case

Jack Minoff for plaintiff. Kessler & Kemper for defendant judgment creditor.


DAVID B. SAXE, J.

This motion presents a question of first impression: does an income execution for support, issued pursuant to the recently enacted CPLR 5241, survive after the beneficiary of the underlying support order has died?

The plaintiff husband and defendant wife were married in 1948, and separated pursuant to a separation agreement filed August 11, 1967. In 1980, the defendant wife obtained a judgment in the amount of $11,200 representing...

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