Legal Opinion
Oil City Petroleum Co. v. Fabac Realty Corp.
New York Court of Appeals
Decided June 3, 1980PublishedCited by 7 opinions
1Opinion of the Court
*854OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The petition for turnover relief pursuant to CPLR 5225 and CPLR 5227 was properly dismissed. These sections authorize a special proceeding to be commenced by the judgment creditor against "a person in possession or custody of money or other personal property in which the judgment debtor has an interest, or * * * a person who is a transferee of money or other personal property from the judgment debtor, where it is shown that the judgment debtor is entitled to the possession of such property or…
2Cited by7 opinions
- Gelbard v. EssesAppellate Division of the Supreme Court of the State of New York · 1983
- Neshewat v. SalemDistrict Court, S.D. New York · 2005
- Rozales v. Pegalis & Wachsman, P. C.Appellate Division of the Supreme Court of the State of New York · 1987
- Banco Popular North America v. Philian Designs LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Buckeye Retirement Co. v. QuattrocchiAppellate Division of the Supreme Court of the State of New York · 2009
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