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NIELSEN MEDIA RESEARCH, INC. v. THE CARLTON HOTEL, LLC

5 A.D.3d 139 (2004)

774 N.Y.S.2d 8

NIELSEN MEDIA RESEARCH, INC., Appellant, v. THE CARLTON HOTEL, LLC, Respondent, et al., Respondent.

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

March 4, 2004.

At the time petitioner's restraining notice was served on Carlton, judgment debtor Inman owed Carlton an amount that was more than twice the profit to which Inman would become entitled upon completion of the construction project. Although Carlton made payments directly to Inman following service of petitioner's restraining notice, such payments were for the costs of the project, to avoid the expense of having to seek a new contractor...

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