In Walter v. Doe (93 Misc 2d 286, 288 [Civ Ct, NY County 1978, Sklar, J.]) Judge Sklar found the attorney for a judgment creditor liable as a matter of law for negligently issuing a restraining notice against one Leonard Walter, despite having information in his file sufficient to constitute notice to him that the judgment debtor was not Leonard Walter, but rather, Abraham Walter, Leonard's brother. In Walter v. Doe (at 290), Judge Sklar held: "Citibank claims that dismissal is required because of the provision of CPLR 5222 (subd [b]) which states: 'A judgment creditor who has specified personal property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the debt is owed, if other than the judgment debtor, for any damages sustained by reason of the restraint.' It urges that the right and remedy urged by the statute are exclusive ... This court disagrees. The purpose of the statute is to prevent a judgment creditor from serving restraining notices at whim. It was not intended to permit, or encourage lack of care on the part of those seeking to collect the judgment."