We agree with the motion court that plaintiffs failed to set forth sufficient allegations to show a viable cause of action in either contract or tort ( see, Milliken Co. v. Consolidated Edison Co., 84 N.Y.2d 469, 477-479), and that, in any event, defendants' compliance with the sheriff's levy precludes plaintiffs' claims. The garnishee's compliance with CPLR 5209 is a safe harbor that preempts the judgment debtor's commonlaw claim that the garnishee should have investigated the validity of the execution. Under CPLR 5232 (a), where, as here, the judgment creditor specifies the property to be levied upon, it is the creditor and not the garnishee who is liable for damages to the actual owner. CPLR 5232 (c) requires the sheriff, not the garnishee, to give notice. These provisions preempt plaintiffs' claims, which were based on a theory of common-law bailment. In view of the foregoing, we need not reach plaintiffs' other contentions.

Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.