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MATTER OF METRO. SAND & GRAVEL CORP. v. TOSTI

196 Misc. 1030 (1949)

In the Matter of Metropolitan Sand & Gravel Corporation, Judgment Creditor, v. George Tosti, Doing Business as Atlantic Builders, Judgment Debtor.

Supreme Court, Special Term, Queens County.

October 26, 1949.

Attorney(s) appearing for the Case

Charles J. Carroll, Jr., for judgment creditor.

Hans I. Lium for judgment debtor.

Leo Kessler for Joseph Schenecker and another, third parties.

COLDEN, J.

The judgment debtor is building a house at College Point as a general contractor for a third party. He claims that there is now due him $1,450. The judgment creditor herein has served upon the third party a subpœna containing the usual provisions enjoining said third party from disposing of any funds due to the judgment debtor. The judgment debtor now moves to vacate said subpœna on the...

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