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MATTER OF CITY OF NEW YORK v. CLOUSE

197 Misc. 154 (1950)

In the Matter of The City of New York, Judgment Creditor, v. Charles W. Clouse, Judgment Debtor.

Supreme Court, Special Term, Kings County.

January 5, 1950.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (Cornelius F. Roche, Isaac C. Donner and Bernard H. Sherris of counsel), for judgment creditor.

S. Peter Ellsley for judgment debtor.

Kelsey, Waldrop & Spalding for Colonial Trust Co.

F. E. JOHNSON, J.

In this supplementary proceeding in aid of a judgment obtained by the city against the judgment debtor for unpaid sales taxes, a third-party subpoena, containing the statutory provisions (Civ. Prac. Act, § 781) restraining disposition of the judgment debtor's funds, was served on an attorney who has in his possession some $1,500 representing an unencumbered balance of a recovery by the...

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