The opinion of the court was delivered by: BRYAN
This special proceeding pursuant to New York Civil Practice Law and Rules, § 5225(b),
was commenced in the Supreme Court, Bronx County. It was removed to this court by respondent United States pursuant to 28 U.S.C. § 1444.
Petitioner Corigliano is a judgment creditor of respondent Catla Construction Company (Catla). Catla Construction Company is in turn a judgment creditor of respondent M. Melnick & Co. (Melnick). Corigliano as judgment creditor of Catla seeks to compel Melnick to pay directly to him the amount of its indebtedness to Catla in partial satisfaction of Catla's judgment debt to Corigliano. Corigliano has also joined as respondent the United States, which claims the indebtedness owing from Melnick to Catla under federal tax liens against Catla. Messrs. Frank & Ross, attorneys for Catla in the action brought by Catla against Melnick, though not named as respondents, have also appeared in this action, claiming that they have a perfected attorney's lien against the judgment which takes precedence over all other liens.
The chronology of relevant events in this case is as follows:
1. August 3, 1962: Corigliano recovered judgment against Catla and another party in the sum of $ 6,717.00, of which $ 6,627.50 still remains unsatisfied.
2. August 10, 1962: Execution against the property of Catla was delivered to the Sheriff of Bronx County by Corigliano with a specification pursuant to former Section 687-a of the New York Civil Practice Act calling for levy on a debt owed to Catla by Melnick.
3. August 29, 1962: Corigliano served upon Melnick a third party subpoena pursuant to former Section 779 of the Civil Practice Act, containing an order pursuant to former Section 781 restraining Melnick from paying over its indebtedness to Catla until the further order of the Court for a period of two years.
4. September 4, 1962: Corigliano examined Melnick in supplementary proceedings as a third party. Melnick denied owing any money to Catla.
5. September 20, 1962: The United States filed a notice of tax liens against Catla in the amount of $ 13,898.98.
6. September 1963: Catla, by its attorneys Frank & Ross, commenced an action against Melnick in the Supreme Court, New York County.
7. December 1963: Judgment granted in favor of Catla against Melnick in the sum of $ 1,250 with interest and costs.
7. December 23, 1963: Corigliano delivered to the Sheriff of Bronx County an execution with notice to garnishee pursuant to N.Y.Civ.Prac.L.R. § 5232(a). This execution contained a specific direction for levy on Catla's judgment against Melnick for $ 1,250.00 plus interest and costs. It was served on Melnick.
8. January 7, 1964: Judgment for $ 1,499.75 entered in favor of Catla and against Melnick in the Supreme Court, New York County.
9. January 9, 1964: Corigliano commenced this supplementary proceeding.
The judgment recovered by Catla against Melnick was for work done under a construction subcontract between the two parties, dated June 29, 1962. The judgment enforces the indebtedness from Melnick to Catla which Corigliano levied upon on August 10, 1962, and specified in his third party subpoena with restraining order served on Melnick on August 29, 1962. Although the status of the work under Catla's subcontract with Melnick at the time that the third party subpoena was served does not ...