MATTER OF SCHWARZ v. S & S AUTO REPAIR CTR., INC.


216 A.D.2d 473 (1995)

628 N.Y.S.2d 735

In the Matter of Diane Schwarz, Respondent, v. S & S Auto Repair Center, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 1995


Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contentions, the underlying income executions were properly entered, as the debtor, Steven Schwarz, failed to allege a mistake of fact with regard to the executions within the statutory period (see, CPLR 5241 [e], [f]).

The special proceeding for enforcement was properly commenced by the petitioner purchasing an index number, filing a request for judicial intervention, and...

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