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MATTER OF CARPET RESOURCES, LTD. v. JP MORGAN CHASE BANK, N.A.

4745, 600978/09.

83 A.D.3d 460 (2011)

920 N.Y.S.2d 335

In the Matter of CARPET RESOURCES, LTD., Appellant, v. JP MORGAN CHASE BANK, N.A., Respondent.

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

Decided April 7, 2011.

There is no basis for upsetting the determination of the Special Referee, who defined the issues, resolved matters of credibility and made findings substantially supported by the record (see Rosenbloom v Gurary, 59 A.D.3d 274 [2009]). Petitioner failed to establish that the garnishee owed the judgment debtor any debt that was subject to a restraining order. To the contrary, the evidence showed that, although the garnishee's claims...

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