Opinion
December 28, 1998
Appeal from the Supreme Court, Westchester County (Rudolph, J.),
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the matter is remitted for further proceedings in accordance herewith.
In November 1995 a judgment previously obtained in New Jersey in favor of, among others, the defendant Broad National Bank (hereinafter Broad National) and against, among others, the third party defendants Nestor Alzerez, Jr., and Ridgeway Foods, Inc., was entered in the Supreme Court in Westchester County. In January 1998 Broad National served a restraining notice pursuant to CPLR 5222 upon nonparty Chase Manhattan Bank (hereinafter Chase). Broad National asserted that an account at Chase held property in which one or more of the judgment debtors had an interest.
By order to show cause dated March 23, 1998, the intervenor-respondent, Ridgeway Food Corp., sought to vacate the restraining notice. Ridgeway Food Corp. asserted that it was the owner of the subject Chase account and was an entity separate and distinct from the judgment debtor Ridgeway Foods, Inc. In the order appealed from, the court granted the motion. We now reverse.
In addition to the named corporate judgment debtor, the third-party defendant Nestor Alzerez, Jr., was named as a judgment debtor on the restraining notice. Here, the record indicates that, although Ridgeway Food Corp. was apparently dissolved in 1996, Alzerez continued to use the corporate name and continued to use the subject account to pay, inter alia, admitted personal expenses. Accordingly, the matter is remitted for a hearing to determine whether Alzerez has an "interest" in the account within the meaning of CPLR article 52 ( see, Ray v. Jama Prods., 74 A.D.2d 845; Cascade Automatic Sprinkler Corp. v. Chase Manhattan Bank, 60 A.D.2d 901; Franklin Natl. Bank v. Baron, 37 A.D.2d 566; Hansa Overseas Corp. v. Krawehl, 37 A.D.2d 928).
Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.