OIL CITY PETROLEUM CO., INC. v. FABAC REALTY CORP.


50 N.Y.2d 853 (1980)

Oil City Petroleum Co., Inc., Appellant, v. Fabac Realty Corp. et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 1980.


Attorney(s) appearing for the Case

Solomon M. Lowenbraun and Stuart L. Davis for appellant.

Roger W. Kohn for Bharat Apartments, Inc., respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


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...

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