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Matter of JK E v. Chase Manhattan Bank

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 2000
(N.Y. App. Div. Oct. 11, 2000)

Opinion

Argued June 6, 2000

October 11, 2000.

In a turnover proceeding pursuant to CPLR 5225(b), San James Realty Corp. and Thessalonica Court Associates, appeal from (1) a decision of the Supreme Court, Nassau County (DeMaro, J.), dated June 29, 1998, and (2) a judgment of the same court dated August 6, 1998, which is in favor of the petitioner and against them in the principal sum of $84,202.

Meltzer, Lippe, Goldstein, Wolf Schlissel, P.C., Mineola, N Y (Stephen W. Schlissel and Loretta Gastwirth of counsel), for appellants.

Kutner Gurlides, Mineola, N.Y. (Christopher J. Kutner of counsel), for petitioner-respondent.

Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the appeal from the decision is dismissed as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that the petitioner is awarded on bill of costs.

Contrary to the appellants' contention, the Supreme Court possessed subject matter jurisdiction over the proceeding. The Supreme Court previously directed that it would have continuing jurisdiction to enforce a judgment the petitioner obtained against the respondent Glick Development Associates (see, JK E; Partnership v. Chase Manhattan Bank, 239 A.D.2d 582; see also, CPLR 5240).

The appellants' remaining contentions are without merit (see, JK E; v. Chase Manhattan Bank, A.D.2d ; [Appellate Division Docket No. 99-04376] [decided herewith]).


Summaries of

Matter of JK E v. Chase Manhattan Bank

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 2000
(N.Y. App. Div. Oct. 11, 2000)
Case details for

Matter of JK E v. Chase Manhattan Bank

Case Details

Full title:IN THE MATTER OF JK E; PARTNERSHIP, PETITIONER-RESPONDENT, v. CHASE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 2000

Citations

(N.Y. App. Div. Oct. 11, 2000)