In Matter of Ruvolo v. Long Island Rail Road Company, 45 Misc 2d 136, 146, 256 N.Y.S.2d 279 [Sup Ct, Queens County 1965], the court found that third-party judgment creditors "may intervene formally to determine their claims," but does not cite to any obligation to implead such parties. In fact, the court in Bergdorf Goodman, Inc. v. Marine Midland Bank (97 Misc 2d 311, 313, 411 N.Y.S.2d 490 [Civ Ct, NY County, 1978]), notes that "'CPLR article 52 of the CPLR contemplates a "race of diligence,"'" (citing Ruvolo, 45 Misc 2d at 148), and flatly states that "other judgment creditors are not necessary parties to a special proceeding under CPLR article 52" (id. at 314).