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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05436 |
| Area of law | Civil Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05436 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 207 |
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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