Bamberger-Stern Co. v. Paris

Execution cs=>391—Supplementary Prooeedings—Vacation oe Order. Under Code Civ. Proc. § 2433, an order vacating an order for the examination of a judgment debtor in supplementary proceedings and awarding costs to the judgment debtor, not made by the judge who made the original order, was without authority. [Ed. Note.—For other cases, see Execution, Cent. Dig. §§ 1142, 1143, 1145; Dec. Dig. ®=»391.] other cases seo same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes

Appeal from City Court of New York, Special Term. Action by the Bamberger-Stern Company against Marie Paris. From an order of the City Court vacating an order for the examination of the judgment debtor, Marie Paris, in supplementary proceedings, and awarding costs to the judgment debtor, and from a judgment order denying the application of the judgment creditor, Bamberger-Stern Company, to so resettle the vacating order as to provide that costs awarded he applied on the judgment the judgment creditor appeals. Order vacating the order for the examination of the judgment debtor reversed. Order denying motion for resettlement of the vacating order reversed.