VERIZON INC. v. TRANSCOM INC.

5852.

98 A.D.3d 203 (2012)

948 N.Y.S.2d 245

2012 NY Slip Op 5269

VERIZON NEW ENGLAND INC., Appellant, v. TRANSCOM ENHANCED SERVICES, INC., Respondent.

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

Decided June 28, 2012.


Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City ( Robert L. Weigel and Jason W. Myatt of counsel), for appellant.

Arent Fox LLP, New York City ( Hunter T. Carter and Matthew S. Trokenheim of counsel), for respondent.

RENWICK and RICHTER, JJ., concur with CATTERSON, J.; MAZZARELLI, J.P., and FRIEDMAN, J., dissent in a separate opinion by MAZZARELLI, J.P.


OPINION OF THE COURT

CATTERSON, J.

In this CPLR article 52 turnover proceeding, we affirm that a restraining notice is effective only if, at the time of service, the third party on whom the notice is served owes a debt to, or is in possession of property of, the judgment debtor.

In this proceeding, Verizon, the judgment creditor, seeks to enforce a restraining notice against a third party pursuant to article 52 of the CPLR, on monies paid by Transcom...

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