STEPH-LEIGH ASSOCIATES, LLC v. DWECK

2010-07081.

80 A.D.3d 692 (2011)

914 N.Y.S.2d 679

STEPH-LEIGH ASSOCIATES, LLC, Appellant, v. HASKEL DWECK et al., Respondents.

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

Decided January 18, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied, on the merits, that branch of the plaintiff's motion which was for a turnover order pursuant to CPLR 5225 (a). In support of its motion, the plaintiff failed to meet its burden of "show[ing] that the judgment debtor[s] [are] in possession or custody of money or other personal property in which [they] ha[ve] an interest" (CPLR 5225 [a]).

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