Prospect Coal Co. v. Commercial Credit Corp.

161 Misc. 780 | N.Y. App. Term. | 1937

Per Curiam.

An assignment not otherwise shown invalid by a debtor to his judgment creditor of a credit in a bank account does not become invalid or subordinate to the claim of a prior judgment creditor who has merely served upon such bank a third-party order for examination in supplementary proceedings containing a restraining provision.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

All concur. Present — Lydon, Hammer and Franken-THALER, JJ.