Richard S. Bell Plumbing & Heating, Inc. v. Penzer & Sloan

Appellate Division of the Supreme Court of New York

Richard S. Bell Plumbing & Heating, Inc. v. Penzer & Sloan

111 A.D.2d 228, 489 N.Y.S.2d 702, 1985 N.Y. App. Div. LEXIS 51365

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 13, 1985

StatusPublished

This text of 111 A.D.2d 228 (Richard S. Bell Plumbing & Heating, Inc. v. Penzer & Sloan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richard S. Bell Plumbing & Heating, Inc. v. Penzer & Sloan, 111 A.D.2d 228, 489 N.Y.S.2d 702, 1985 N.Y. App. Div. LEXIS 51365 (N.Y. Ct. App. 1985).

Pincite

Opinion

In a special proceeding for the turnover of funds held by respondent as escrowee, petitioner appeals from a judgment of the Supreme Court, Westchester County (Isseks, J.), entered May 2, 1984, which denied the application as premature.

Judgment affirmed, with costs.

The judgment appealed from denied petitioner’s application as premature because it had not been determined whether the judgment debtor had an interest in the escrow funds. Based on the facts as they existed at the time the judgment was made, we agree with Special Term that the application for the direction to turn over the funds was premature. Mangano, J. P., Gibbons, Niehoff and Lawrence, JJ., concur.

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In a special proceeding for the turnover of funds held by respondent as escrowee, petitioner appeals from a judgment of the Supreme Court, Westchester County (Isseks, J.), entered May 2, 1984, which denied the application as premature.

Judgment affirmed, with costs.

The judgment appealed from denied petitioner’s application as premature because it had not been determined whether the judgment debtor had an interest in the escrow funds. Based on the facts as they existed at the time the judgment was made, we agree with Special Term that the application for the direction to turn over the funds was premature. Mangano, J. P., Gibbons, Niehoff and Lawrence, JJ., concur.

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Bluebook (online)

111 A.D.2d 228, 489 N.Y.S.2d 702, 1985 N.Y. App. Div. LEXIS 51365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-s-bell-plumbing-heating-inc-v-penzer-sloan-nyappdiv-1985.