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THOMPSON v. 76 CORP.

54 A.D.3d 846 (2008)

863 N.Y.S.2d 383

ROBERT G.A. THOMPSON et al., Respondents, et al., Plaintiffs, v. 76 CORP., Doing Business as CLUB NEW YORK, et al., Defendants, and JAMAL BARROW, also Known as "SHYNE," Respondent. DESIMONE, AVILES, SHORTER & OXAMENDI, LLP, Nonparty Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 16, 2008.

Ordered that the order dated February 28, 2007 is affirmed, without costs or disbursements.

On the record presented, we cannot conclude that the Supreme Court improvidently exercised its discretion in denying the motion of nonparty DeSimone, Aviles, Shorter & Oxamendi, LLP, to release sums to it from certain funds that are the subject of temporary restraining orders contained in two orders to show cause and a preliminary injunction order restraining their distribution...

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