26 A.D.2d 572 | N.Y. App. Div. | 1966
In an action pursuant to statute (former Civ. Prae. Act, § 795) by a judgment creditor of the defendant Novae (plaintiff’s husband) against the latter and Bilnor Corporation (his former employer) to recover upon certain debts allegedly due to him from the corporation, plaintiff appeals from so much of an order o'f the Supreme Court, Westchester County, dated April 29, 1963 and entered May 22, 1963, as (1) denied the portion of plaintiff’s motion for summary judgment against Bilnor which was for amounts allegedly owed to defendant Novae under Bilnor’s profit sharing plan and (2) granted Bilnor summary judgment as to plaintiff’s claim for said amounts. Order reversed insofar as appealed from, with $10 costs and disbursements; the granting of plaintiff’s motion for summary judgment is hereby directed to include the above-mentioned amounts; and action remitted to the court below for the entry of an appropriate judgment in plaintiff’s favor. This dispute