PLACE v. ALBANESE


73 Misc.2d 638 (1973)

Howard Place, Plaintiff, v. Patsy Albanese et al., Defendants.

Supreme Court, Fulton County.

April 23, 1973


Attorney(s) appearing for the Case

Robert L. Briskie for plaintiff. Geraghty & Geraghty (Michael F. Geraghty of counsel), for defendants.


WILLIAM J. CRANGLE, J.

Plaintiff has had recourse to CPLR 5208 to enforce a money judgment against real property after the death of the judgment debtor. Pursuant to the section he has obtained leave of this court to issue execution. The decedent's widow now moves to set aside the order granting leave upon the ground that she had no notice of the application.

The motion is granted. The words of the statute...

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