Tri-Global Management Corp. v. Richardson
Opinion of the Court
Ordered that the judgment is reversed, on the law, with costs, the order dated January 14, 2005, is vacated, and the motion is denied.
The Supreme Court erred in granting the plaintiffs motion to hold J.E Morgan Chase (hereinafter Chase) in contempt for allegedly disobeying a restraining notice the plaintiff served upon Chase pursuant to CPLR 5222, as part of the plaintiffs ongoing efforts to enforce a judgment it obtained against the defendant Charles Richardson. The account the plaintiff sought to restrain was not included in a proper restraining notice issued pursuant to the requirements of CPLR 5222. Thus, Chase’s failure to freeze the account could not be the basis for a finding of contempt against it (see CPLR 5222 [b]).
In light of the foregoing determination, we need not address Chase’s remaining contentions. H. Miller, J.P., Adams, Luciano and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.