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SHAKLEE CORP. v. LOEHMANN'S INC.

250 A.D.2d 446 (1998)

673 N.Y.S.2d 108

Shaklee Corporation, Appellant, v. Loehmann's Inc., Respondent. (And a Third-Party Action.)

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

May 14, 1998

Petitioner, a judgment creditor of William Stuart Industries and William Stuart Industries (Far East) Ltd. has not established as a matter of law that the $49 and $270,530.75 that respondent paid to William Stuart Industries were for debts respondent owed to either judgment debtor at the time respondent was served with petitioner's restraining notice (CPLR 5222 [b]). At this juncture, the record contains evidence of an indebtedness outstanding at the time of service of the...

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