Court of Appeals of New York

In an action in which plaintiff sought a turnover of property and debts of the judgment debtor held by defendant, a judgment equal to the amount paid by defendant to the judgment debtors in violation of a restraining notice, and a finding of civil contempt, the Appellate Division properly held that the restraining notice is unenforceable, where: 1) defendant's agreement with the judgment debtor is an at-will, prepayment service agreement, which lacks any obligation to continue services or a commitment to engage in future dealings; 2) the parties had no continuing contractual obligation to each other, and thus, there was no debt, and no obligation certain to become due; and as such, 3) the agreement cannot be deemed an attachable or assignable property interest subject to a CPLR 5222(b) restraining notice.

Appellate Information

• Decided 05/02/2013
• Published 05/02/2013

Judges

• RIVERA

Court

• Court of Appeals of New York

Counsel