149 Misc. 144 | City of New York Municipal Court | 1933
The facts, substantially undisputed, are as follows: Supplementary proceedings were instituted by the judgment creditors by the service of third party orders on two fire insurance companies on March 18, 1933, both of which waived any irregularities of service, each submitting an'affidavit in lieu of appearance and examination. By those respective affidavits it appears that the judgment debtor has an agreed claim against one of said companies amounting to the sum of $266.29 and against the other for $238.75, aggregating $505, as a result of a fire loss sustained by the judgment debtor. The judgment creditors have thus acquired an equitable lien on said aggregate sum of $505 owing by said insurance companies to the judgment debtor, which on the appointment of a receiver would ripen into a legal title in such receiver