Taag Designs, Inc. v. Grant

The judgment creditor seeks relief against -a third party (mortgagee) pursuant to G-PLR 5222, 5225 and 5227 and the latter cross-moves pursuant to CPLR 5240 to vacate a restraining notice heretofore served upon him.

CPLR 5225 and 5227 are inapplicable as notice to the judgment debtor of the institution of the proceedings required by said provisions is lacking. Nor does CPLR 5222 authorize the court to “ declare that the Respondent (mortgagee) who admittedly has been receiving rent from the Judgment Debtor’s property, has * * * transferred said rent proceeds to the Respondent and his…