OPINION AND ORDER In February 2018, Defendant Capital Merchant Services, LLC (“Defendant” or “CMS”) obtained a judgment against FutureNet Group, Inc. (“FutureNet”) in New York State Supreme Court. CMS sought to collect on that judgment by obtaining funds that FutureNet had in its bank account with Comerica Bank. To that end, CMS caused the sheriff of Rockland County to levy on FutureNet’s Comerica bank account. Ultimately, Comerica withdrew funds that FutureNet had deposited in a Comerica bank account in Michigan, and delivered them to the sheriff, who then remitted them to CMS. Plaintiff Basil Simon (“Plaintiff” or the “Receiver”), in his capacity as receiver for FutureNet, now seeks to recover the funds CMS obtained from FutureNet’s Comerica bank account. The Receiver argues that the restraining notice, execution, and levy served on Comerica were void ab initio and brings three claims against CMS: (i) wrongful restraint and execution; (ii) conversion; and (iii) trespass to chattel. CMS responds by moving to dismiss the Amended Complaint. For the reasons detailed below, CMS’s motion is granted. BACKGROUND1 A. Factual Background In December 2017, FutureNet, a Michigan-based company, entered into an agreement with CMS, whereby CMS advanced FutureNet $550,000 in exchange for the purchase of $780,450 in future receivables to be repaid in 18 weeks through fixed daily payments. (Am. Compl.
2, 8). In February 2018, FutureNet failed to make its required daily payments to CMS. (Id. at 9). CMS declared FutureNet to be in default, and obtained a judgment (the “Judgment”) against FutureNet in the amount of $777,957.39 in an action entitled Capital Merchant Services LLC v. FutureNet Group, Inc., Index No. EF001637-2018, in the Supreme Court of the State of New York, County of Orange. (Id. at 10). FutureNet maintained one or more bank accounts with Comerica Bank, specifically, at a Comerica branch located in Redford, Michigan. (Am. Compl. 15). Comerica is based in Texas, and does not maintain any bank branches in New York. (Id. at
