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PETROCELLI v. PETROCELLI ELEC. CO., INC.

13327, 651605/13.

121 A.D.3d 596 (2014)

995 N.Y.S.2d 552

2014 NY Slip Op 07303

CLEMENT PETROCELLI, Respondent, v. PETROCELLI ELECTRIC CO., INC., et al., Appellants, and ALLAN BRITEWAY ELECTRICAL SERVICES, INC., Transferee-Appellant.

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

Decided October 28, 2014.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 5, 2013, which, to the extent appealed from as limited by the briefs, in this proceeding under CPLR article 52, directed that the judgment debtors would have the burden of proof at the turnover hearing, unanimously reversed, on the law, without costs, to direct that petitioner judgment creditor will have the burden of proof.

The burden of proof in a turnover proceeding rests with the...

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