148 Misc. 620 | City of New York Municipal Court | 1932
This is a motion by the judgment debtor to vacate a third party order which was served on the Guardian Life Insurance Company of America. The affidavit of the judgment debtor in support of the motion states that he is at present under the care of physicians in clinics and hospitals, is totally disabled, and is unable to earn any money. He further states that his only income is the sum of fifty dollars per month, which he is receiving from the third party under a disability clause in the policy issued by it. The third party order restrains the insurance company from making payments of the disability benefits due to the judgment debtor at the time of its service. The papers on this motion do not disclose the nature of the policy issued by the insurance company. I am not informed whether it is a life insurance policy with a disability clause, or whether it is a policy providing for disability benefits only, or whether it is payable to a person other than the judgment debtor. The ground of the motion is that the moneys payable by the insurance company are exempt from levy under section 684 of the Civil Practice Act. What this section has to do with the present application is not made clear. Section 55-a of the Insurance Law (as added by Laws of 1927, chap. 468) is not applicable, since that section applies only where the beneficiary of the insurance policy is a person other than the insured. (Chatham Phenix Nat. Bank & Trust Co. v. Crosney, 251 N. Y. 189; Matter of Messinger, [C. C. A.] 29 F. [2d] 158; certiorari denied, Reilly v. Messinger, 279 U. S. 855; 49 S. Ct. 351; 73 L. Ed. 996; N. Y. Plumbers Specialties Co., Inc., v. Stein, 140 Misc. 161.) In Matter
Motion is denied.