Appellate Division of the Supreme Court of New York, 1939

Herschkowitz v. Keen

Herschkowitz v. Keen
Appellate Division of the Supreme Court of New York · Decided January 13, 1939
256 A.D. 824; 9 N.Y.S.2d 789; 1939 N.Y. App. Div. LEXIS 5029
Herschkowitz v. Keen

Opinion of the Court

The appellant, subpoenaed to appear as a third party in supplementary proceedings, moved to vacate the subpoena on the ground that the judgment on which said proceedings were based had been discharged in bankruptcy. The motion was denied. An examination of the record on appeal in the action, submitted by stipulation on this appeal, furnishes conclusive evidence that the judgment was one rendered against the defendant in an action to recover damages for false and fraudulent representations in the sale of a mortgage. Order affirmed, with ten dollars costs and disbursements; examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.