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In the Matter of John Case, Doing Business under the Name of Case & Smith Lumber Company, Judgment-Creditors-Appellants v. Paul V. Panzarella, Judgment-Debtor-Respondent. Anderson Brick & Supply Co., Inc., Intervenor-Respondent
Opinions in this case
- Majority
- Dissent — Hammer
Per Curiam.
The order of payment to the intervenor-respondent is void as against the judgment creditor, as it was not filed until after the service of the third-party subpoena. (McCorkle v.
[855] Herrman, 117 N. Y. 297; Hoboken Wood Flooring Corp. v. Charles B. Saxon, Inc., 9 N. Y. S. 2d 917.)
The order should be reversed, with $10 costs and disbursements, and motion granted.