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MATTER OF PAYNE v. GARNETT McKEEN LAB., INC.

232 A.D.2d 419 (1996)

648 N.Y.S.2d 137

In the Matter of Francis X. Payne, Respondent, v. Garnett McKeen Laboratory, Inc., Appellant. (Matter No. 1.) Francis X. Payne, Plaintiff, v. Brittany Cross Associates et al., Defendants. (Matter No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 7, 1996

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.

Upon a special proceeding commenced by a judgment creditor against a person in possession or custody of money or other personal property in which the judgment debtor has an interest, the judgment creditor bears the burden of proof that the person is actually in custody or control...

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