10 Notice of Appeal From Order. the amount of a loan and interest thereon, and which further order that the Judgment Creditor's motion be granted with respect to Policy 11,351,410 issued by the Third Party on the life of Joseph Alessi, only with respect to certain dividend accumulations and interest on said dividend accumulations pertaining to the said policy bearing No. 11,351,410 and which further ordered that the Clerk of the Supreme Court, New York County, at any time after five days from the entry of that order may docket it as a judgment, and from each and every part of said order both 11 on questions of law and on the facts. Dated: New York, N. Y., June 10, 1958. Yours, etc., LEO D. FITZGERALD, 393 Seventh Avenue, Borough of Manhattan 1, City of New York. To: 12 MESSRS. SELKOWE, Johnson, ZIMBALIST & ROMANOFF, New York 13, N. Y. CLERK OF THE COURT. 13 Notice of Appeal From Judgment. SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK. [SAME TITLE] 14 SIRS: PLEASE TAKE NOTICE that The Equitable Life Assurance Society of the United States, the Third Party herein, hereby appeals to the Appellate Division of the Supreme Court, First Judicial Department, from the judgment dated July 3, 1958 entered against it in the Office of the Clerk of the Supreme Court of the State of New York, County of New York, on July 3, 1958 in favor of the Judgment Creditor Anna Alessi, in the sum of $845.69 and from each and every part of said judgment, both on questions of law and on the facts. Dated: New York, N. Y., July 29, 1958. 16 Order Appealed From. At a Special Term, Part I of the Supreme Court of the State of Present: Hon. WILLIAM C. Hecht, Jr., Justice. 17 [SAME TITLE] A motion having been made by the judgment creditor herein, for an order directing The Equitable Life Assurance Society of the United States, the third party herein, to pay to the Judgment creditor, moneys in the hands of the third party in the form of cash surrender value of certain insurance policies and for further relief as to the Court may seem just and proper, and such mo tion having duly come on to be heard, and said 18 third party thereafter having moved for leave to reargue and said motion having duly come on to be heard, Now, upon reading and filing the order to show cause herein, dated March 25th, 1958, signed by the Hon. Jacob MARKOWITZ, one of the Justices of this Court with proof of service thereof, in accordance with said order, and the affidavit of Bernard R. Selkowe, duly sworn to, and of Leo D. Fitzgerald, duly sworn to March 19th, 1958, submitted in lieu of examination, and the subpoena for examination of said third party, dated March Order Appealed From. 19 20 4th, 1958, in support of the said motion, and the affidavit of Charles F. Andolsek, duly sworn to April 3rd, 1958, in opposition thereto, and after hearing Selkowe, Johnson, Zimbalist & Romanoff, Esqs., attorneys for the judgment creditor, in support of this motion, and Leo D. Fitzgerald, Esq., attorney for the third party, in opposition thereto, and due deliberation having been had, and upon filing the opinion of this Court, and upon reading and filing the order to show cause herein dated May 1, 1958, signed by Hon. WILLIAM C. HECHT, JR., one of the Justices of this Court, and the affidavit of Charles F. Andolsek, duly sworn to May 1, 1958 in support of the said third party's application for leave to reargue, and the affidavit of Bernard R. Selkowe, duly sworn to May 5, 1958, in opposition thereto, and due deliberation having been had, it is Now on motion of Selkowe, Johnson, Zimbalist & Romanoff, attorneys for judgment creditor, ORDERED, that leave is hereby granted to the said third party to reargue judgment-creditorplaintiff's motion and upon such reargument the original decision is adhered to and it is further ORDERED, that the judgment creditor-plaintiff's motion be and the same is granted with respect to policy No. 13,403,498 issued by the third party on the life of Joseph Alessi, Jr., and it is further ORDERED, that the judgment creditor-plaintiff's motion be and the same is hereby granted with respect to policy No. 11,351,410 issued by the third party on the life of Joseph Alessi, only with respect to the dividend accumulations and interest on these dividend accumulations, and the motion 21 22 Order Appealed From. is otherwise denied with respect to said policy without prejudice to further application by the judgment creditor if cash value of said policy becomes payable, and it is further ORDERED, that The Equitable Life Assurance Society of the United States, the third party herein, be and it is hereby directed to pay to Anna Alessi, the judgment creditor, in a total amount not exceeding $2375.00 with interest thereon from February 20th, 1958 the balance 23 of the surrender value of policy No. 13,403,498 after crediting to the said third party the amount of the outstanding loan and interest of the judgment creditor; and the amount of the dividend accumulations and interest on these dividend accumulations pertaining to policy No. 11,351,401 and it is further ORDERED, that the Clerk of this Court at any time after five days from the entry of this order may docket it as a judgment and that the same be enforceable as such, and it is further ORDERED, that upon such payment by the Equit24 able Life Assurance Society of the United States be and it is hereby found discharged from any liability to Joseph Alessi, the judgment debtor by reason of said payment. Enter, H. C. H., Jr., J. S. C. New York |