100 A.D.2d 544 | N.Y. App. Div. | 1984
In a special proceeding pursuant to CPLR 5225 (subd [b]) and CPLR 5227, to enforce a money judgment, (1) judgment debtor Louise Gold appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated December 17,1982, which denied her application, inter alia, to intervene in the proceeding; (2) Louise Gold and Charles Levy appeal from an order of the same court, also dated December 17, 1982, which denied Charles Levy’s application for leave to appear and answer the petition, and granted petitioner’s application for an order directing the transfer to it of certain funds held by Charles Levy, as trustee, and Chase Manhattan Bank, N. A., as custodian, in which the judgment debtor Louise Gold has an interest and (3) Louise Gold and Charles Levy appeal from an order and judgment (one paper) of the same court, entered December 23, 1982, which, inter alia, awarded the petitioner the principal sum of $123,536.66 from those funds. 11 Appeals from the orders dated December 17, 1982 dismissed (see Matter of Aho, 39 NY2d 241, 248). 1! Order and judgment (one paper), entered December 23, 1982, reversed, on the law and as a matter of discretion, order dated December 17,1982, which, inter alia, denied Louise Gold’s application, and so much of the order dated December 17, 1982, as directed Chase Manhattan Bank and Charles Levy to transfer to petitioner certain moneys held by them in which Louise Gold has an interest, are vacated; Louise Gold’s application to intervene is granted, and the matter is remitted to Special Term for further proceedings in accordance herewith. Pending a determination of the intervenor’s affirmative defense of payment, petitioner is stayed from entering a default judgment against respondent Chase Manhattan Bank and trustee Charles Levy. H Louise Gold is awarded one bill of costs payable by petitioner-respondent. 11 Petitioner Vanderbilt Credit Corp. (Vanderbilt) commenced this special proceeding pursuant to CPLR 5225 and 5227 against the Chase Manhattan Bank and Charles Levy