Cascade Automatic Sprinkler Corp. v. Chase Manhattan Bank

In a special proceeding by a judgment creditor pursuant to CPLR 5225 to compel respondent to turn over proceeds belonging to the judgment debtor, the appeal is from an order of the Supreme Court, Westchester County, dated June 30, 1977, which denied appellant’s motion to dismiss the petition. Order reversed, on the law, with $50 costs and disbursements, and petition dis*902missed, without prejudice to petitioner’s rights in the pending foreclosure action involving the Sheraton-Eagle Bay Inn. Contrary to the findings at Special Term, we find ample support for the appellant’s motion to dismiss. The…