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RATTNER & ASSOCIATES v. SEARS, ROEBUCK & CO.

294 A.D.2d 346 (2002)

741 N.Y.S.2d 894

RATTNER & ASSOCIATES, Appellant, v. SEARS, ROEBUCK & CO., Respondent.

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

Decided May 6, 2002.

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

The Supreme Court had no authority pursuant to CPLR 6301 to order the turn over of disputed funds. The purpose of CPLR 6301 is to preserve the status quo and to prevent dissipation of property which may make a judgment ineffectual (see CPLR 6301; Hicksville Props. v Wollenhaupt, 268 A.D.2d 407). The status quo in this...

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