On July 19, 2018 a
Order
was filed
involving a dispute between
Reliable Fast Cash, Llc,
and
Bank Of America, N.A.,
East End Development, Llc Dba Refuge Development,
Phillip R Carranza,
for Other Matters - Contract - Other
in the District Court of Orange County.
Preview
(FILED: ORANGE COUNTY CLERK 11/07/2018 I1:07 AM INDEX NO. EF007529-2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/07/2018
To'commience the statutory time
for appeals as of right (CPLR 5513 [a]),
you are advised to serve a copy of this.
order, with notice of entry, upon all parties.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
X
RELIABLE FAST CASH, LLC, DECISION. AND ORDER
Petitioner (Judgment Creditor), INDEX NO.: EF007529-2018
Motion Date: 8/30/18
-against- Sequence No. 1
EAST END DEVELOPMENT, LLC DBA
REFUGE DEVELOPMENT, PHILLIP R
CARRANZA,
Respondents (Judgment Debtors)
-and=
BANK OF AMERICA, N.A.,
Respondent-Garnishee
Xx
SCIORTINO, J.
The following papers numbered 1 to 4 were considered in connection with petitioner’s
unopposed Notice of Petition and Petition for an order pursuant to Civil Practice Law & Rules
§ 5225(b) directing Bank of America N.A. to convey to Petitioner funds in an account in the name
of East End Development, LLC DBA Refuge Development, Judgment Debtor:
PAPERS NUMBERED
Notice of Petition/Petition-A ffirmation (Zachter)/
Exhibits A-B 1-4
Upon review of the records, the application is denied.
Background and Procedural History
This matter arises out ofa judgment recovered by Petitionér against East End Development,
LLC DBA Refuge Development and Phillip R. Carranza, (the Judgment Debtors). The judgment,
Filed in Orange County 11/07/2018 12:00:00 AM $0.00 Bkos121 Pg: 1819 Index: # EFO07529-2018 Clerk: EB
(FILED: ORANGE COUNTY CLERK 11/07/2018 I1:07 AM INDEX NO. EF007529-2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/07/2018
entered on July 3, 2018, is in the sum of $67,612.50 and was rendered in‘a matter entitled “Reliable
Fast Cash, LLC v. East End Development, LLC DBA Refuge Development and Phillip R. Carranza”,
under Index Number EF006858-2018. (Exhibit Ato Petition)
The petition alleges that subsequent to.the entry of judgment, a restraining notice, together
with the requisite exemption notices , was served upon respondent Bank of America. However,
there is no evidence that the notice required by Civil Practice Law & Rules §5222(d) was sent to
the Judgment Debtor. No explanation as to why such notice was not required pursuant to section
5222(a) was offered.
Accordingly, the application for a turnover order is denied, without prejudice to renew upon
a proper showing.
This decision shall constitute the order of the Court.
ENTER:
Dated: November 1, 2018
Goshen, New York
HON. SANDRA B. SCIORTINO, J.S.C.
To:: Parties and Counsel of Record via NYSCEF
2 of 2
Document Filed Date
November 07, 2018
Case Filing Date
July 19, 2018
Category
Other Matters - Contract - Other
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(FILED: ORANGE COUNTY CLERK 11/07/2018 I1:07 AM INDEX NO. EF007529-2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/07/2018 To'commience the statutory time for appeals as of right (CPLR 5513 [a]), you are advised to serve a copy of this. order, with notice of entry, upon all parties. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE X RELIABLE FAST CASH, LLC, DECISION. AND ORDER Petitioner (Judgment Creditor), INDEX NO.: EF007529-2018 Motion Date: 8/30/18 -against- Sequence No. 1 EAST END DEVELOPMENT, LLC DBA REFUGE DEVELOPMENT, PHILLIP R CARRANZA, Respondents (Judgment Debtors) -and= BANK OF AMERICA, N.A., Respondent-Garnishee Xx SCIORTINO, J. The following papers numbered 1 to 4 were considered in connection with petitioner’s unopposed Notice of Petition and Petition for an order pursuant to Civil Practice Law & Rules § 5225(b) directing Bank of America N.A. to convey to Petitioner funds in an account in the name of East End Development, LLC DBA Refuge Development, Judgment Debtor: PAPERS NUMBERED Notice of Petition/Petition-A ffirmation (Zachter)/ Exhibits A-B 1-4 Upon review of the records, the application is denied. Background and Procedural History This matter arises out ofa judgment recovered by Petitionér against East End Development, LLC DBA Refuge Development and Phillip R. Carranza, (the Judgment Debtors). The judgment, Filed in Orange County 11/07/2018 12:00:00 AM $0.00 Bkos121 Pg: 1819 Index: # EFO07529-2018 Clerk: EB (FILED: ORANGE COUNTY CLERK 11/07/2018 I1:07 AM INDEX NO. EF007529-2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/07/2018 entered on July 3, 2018, is in the sum of $67,612.50 and was rendered in‘a matter entitled “Reliable Fast Cash, LLC v. East End Development, LLC DBA Refuge Development and Phillip R. Carranza”, under Index Number EF006858-2018. (Exhibit Ato Petition) The petition alleges that subsequent to.the entry of judgment, a restraining notice, together with the requisite exemption notices , was served upon respondent Bank of America. However, there is no evidence that the notice required by Civil Practice Law & Rules §5222(d) was sent to the Judgment Debtor. No explanation as to why such notice was not required pursuant to section 5222(a) was offered. Accordingly, the application for a turnover order is denied, without prejudice to renew upon a proper showing. This decision shall constitute the order of the Court. ENTER: Dated: November 1, 2018 Goshen, New York HON. SANDRA B. SCIORTINO, J.S.C. To:: Parties and Counsel of Record via NYSCEF 2 of 2