Carpet Resources, Ltd. v. JP Morgan Chase Bank, N.A.

Order, Supreme Court, New York County (Marilyn B. Dershowitz, Special Ref.), entered June 11, 2010, which, after a hearing, dismissed the proceeding, unanimously affirmed, without costs.

There is no basis for upsetting the determination of the Special Referee, who defined the issues, resolved matters of credibility and made findings substantially supported by the record (see Rosenbloom v Gurary, 59 AD3d 274 [2009]). Petitioner failed to establish that the garnishee owed the judgment debtor any debt that was subject to a restraining order. To the contrary, the evidence showed that, although the…