Opinion
February 26, 1991
Appeal from the Supreme Court, New York County (Bruce Wright, J.).
Petitioners obtained a judgment totaling $106,600 against their former partners, the judgment debtors. In the instant petition, brought pursuant to CPLR 5225 and 5227, they alleged that the funds of the partnership were improperly transferred to limited partners, and sought to collect on the judgment.
Dismissal of the petition without prejudice was warranted, first because it does not appear that a new special proceeding was initiated (see, CPLR 5225, 5227), and more important, because petitioners have not shown that respondents currently owe a debt, or will with certainty owe a debt in the future, to the judgment debtors (see, Vanderbilt Credit Corp. v Chase Manhattan Bank, 100 A.D.2d 544, 545).
Concur — Milonas, J.P., Ellerin, Wallach, Kassal and Smith, JJ.