Leedpak, Inc. v. Julian

In this proceeding to enforce a money judgment, petitioner, the judgment creditor, moves under CPLR 5227 for an order requiring respondent to pay the amount *520of the judgment on the basis that respondent is indebted to the judgment debtor in an amount exceeding the judgment. The papers raise triable issues of fact as to whether the sums involved represented loans to respondent by the judgment debtor or merely contributions to a joint venture; and if they represented loans, whether the loans are owed to the judgment debtor or to the corporate drawer of the checks.

It follows that a trial of the…