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MTR. OF TAAG DESIGNS v. GRANT

46 Misc.2d 505 (1965)

In the Matter of Taag Designs, Inc., Petitioner, v. Walter D. Grant, Respondent.

Supreme Court, Special Term, Kings County.

March 16, 1965

Attorney(s) appearing for the Case

Solomon M. Lowenbraun for petitioner. Mebel & Sessa for respondent.

BENJAMIN BRENNER, J.

The judgment creditor seeks relief against a third party (mortgagee) pursuant to CPLR 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...

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