G. H. Miner Co. v. Lone Wolf Insulation, Inc.

Order unanimously affirmed with costs. Memorandum: Petitioner, the judgment creditor in an underlying action, commenced this "turnover” special proceeding pursuant to CPLR 5225 (b) to enforce the judgment in that action out of money due to the judgment debtor from a third party, respondent ABL Plumbing & Heating Corp. (ABL). ABL appeals from an order denying its motion to dismiss the proceeding for lack of subject matter jurisdiction, based upon petitioner’s failure to obtain a new index number prior to commencing the special proceeding. Supreme Court denied ABL’s motion on the ground, inter…