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Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05436

Stanley Supply & Tool, Inc. v Smallwood

Read the official decision: 2026 NY Slip Op 05436

Holding The Appellate Division held that the Supreme Court lacked jurisdiction to direct a nonparty to turn over monies pursuant to CPLR 5225, requiring the plaintiff to commence a special proceeding instead. Consequently, the court modified the order to deny the plaintiff’s cross-motion for turnover.

The court’s words

the court lacked jurisdiction over Morgenstern, who is not a party to this action

2026 NY Slip Op 05436, at the official text

the plaintiff should have commenced a special proceeding against Morgenstern pursuant to CPLR 5225(b)

2026 NY Slip Op 05436, at the official text

Morgenstern's turnover of the monies to the plaintiff's counsel in accordance with the order appealed from does not render this issue academic

2026 NY Slip Op 05436, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 23, 2026
Citation2026 NY Slip Op 05436
Area of lawCivil Procedure
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05436
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id207

Recommended citation

ESQ HQ, New York Law Watch, Stanley Supply & Tool, Inc. v Smallwood, 2026 NY Slip Op 05436 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05436/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 23, 2026. Updated September 23, 2026.