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Abuhamda v. Abuhamda

Appellate Division of the Supreme Court of New York, First Department
Feb 20, 1997
236 A.D.2d 290 (N.Y. App. Div. 1997)

Summary

holding that a New York court can order the restraint of property located outside of New York so long as it has jurisdiction over the transferor

Summary of this case from McCarthy v. Wachovia Bank

Opinion

February 20, 1997.

Order, Supreme Court, New York County (Charles Ramos, J.), entered August 8, 1996, which granted plaintiffs motion for a preliminary injunction, unanimously affirmed, with costs.

Before: Milonas, J.P., Rosenberger, Wailach and Nardelli, JJ.


The IAS Court did not, contrary to defendant bank's contention, attach property in Amman, Jordan pursuant to CPLR 6202. While it appears that the money in the subject account was transferred by the individual defendant, plaintiffs father, from an account at a branch of the bank here to an account in Jordan, the court simply directed the bank, which engages in business in this State and is clearly subject to its jurisdiction, to refrain from paying out funds that are currently in one of its accounts, albeit one not physically located in New York. The claimants to the money in Amman apparently are plaintiff and his father, both of whom have Brooklyn addresses, and since the bank is not asserting any direct interest in that money and appears to be merely a stakeholder, its motives for objecting to the injunction plaintiff seeks are not readily apparent. In any event, the equities are in plaintiffs favor, and, concerning the merits, defendant's concession that the purported power of attorney under which the money was transferred contained an invalid notarial certification is compelling.


Summaries of

Abuhamda v. Abuhamda

Appellate Division of the Supreme Court of New York, First Department
Feb 20, 1997
236 A.D.2d 290 (N.Y. App. Div. 1997)

holding that a New York court can order the restraint of property located outside of New York so long as it has jurisdiction over the transferor

Summary of this case from McCarthy v. Wachovia Bank

In Abuhamda, the plaintiff sued his father, who had transferred money in a bank account from a branch in New York to a branch in Amman, Jordan. The Appellate Division, First Department affirmed the lower court's preliminary injunction directing the bank, in effect, to freeze the account in Jordan.

Summary of this case from Global Tech. Inc. v. Royal Bank of Canada
Case details for

Abuhamda v. Abuhamda

Case Details

Full title:NASSER ABUHAMDA, Respondent, v. SALEH AMIN ABU HAMDA, Defendant, and ARAB…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 20, 1997

Citations

236 A.D.2d 290 (N.Y. App. Div. 1997)
654 N.Y.S.2d 11

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