On September 23, 2026, the Second Department issued a decision in Stanley Supply & Tool, Inc. v. Smallwood, 2026 NY Slip Op. 05436, holding that an attachment cannot be made against a person who is not a party to an action or proceeding, explaining:
Pursuant to CPLR 5225, while a judgment creditor may make a motion for a turnover order with regard to property in the possession of the judgment debtor, in order to obtain a turnover of property not in the possession of the judgment debtor, the judgment creditor must commence a special proceeding. Here, the Supreme Court should have denied the plaintiff’s cross-motion pursuant to CPLR 5225 to direct Morgenstern to turn over certain monies to the plaintiff, as the court lacked jurisdiction over Morgenstern, who is not a party to this action. Rather, the plaintiff should have commenced a special proceeding against Morgenstern pursuant to CPLR 5225(b). Contrary to the plaintiff’s contention, Morgenstern’s turnover of the monies to the plaintiff’s counsel in accordance with the order appealed from does not render this issue academic.
(Internal citations omitted).