Cregg v. Electri-Craft Corp.

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum: The trustees were aggrieved parties within the definition contained in subdivision 1 of section 557 of the Civil Practice Act. As such they can maintain this appeal. (In re Whitney, 113 F. 2d 426 , 428.) Sections 684 and 793 of the Civil Practice Act must be read and construed together. The same judgment creditor cannot have relief under both sections. Inasmuch as the respondent procured a judgment directing that all income in excess of $12,000 per year be paid over to him as trustee in bankruptcy, he cannot have a garnishee execution at the same time. The judgment was equivalent to an order under section 793 of the Civil Practice Act. (McDonnell v. McDonnell, 281 N. Y. 480 , 482.) Furthermore the garnishee execution would not issue against the $12,000 per annum reserved to Brown in the aforementioned judgment. (Matter of Kaplan v. Peyser, 273 N. Y. 147 ; Sehenck v. Barnes, 156 N. Y. 316 .) All concur. (The order directs the issuing of an execution against the income of Julian S. Brown from a trust under the will of Mary L. Brown, deceased.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.