Opinion
January 15, 1937.
Appeal from the Municipal Court of City of New York, Borough of Manhattan, First District.
Edward F. Kole, for the appellant.
Dills, Muecke Schelker [ Moses Golden of counsel], for the respondent.
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 FRANKENTHALER, JJ.