§Why CasetextPricing

CIMC Raffles Offshore (Singapore) Pte Ltd. et al v. Schahin Holding S.A. et al

MEMORANDUM OF LAW in Opposition re: 36 MOTION Motion For Relief From Petitioners' Enforcement Actions.. Document

20 Cited authorities

  1. Koehler v. Bank of Bermuda

    2009 N.Y. Slip Op. 4297 (N.Y. 2009)   Cited 131 times   14 Legal Analyses
    Holding that a New York court with personal jurisdiction over a defendant may order him to turn over out-of-state property regardless of whether the defendant is a judgment debtor or a garnishee

  2. Hotel 71 Mezz Lender LLC v. Falor

    2010 N.Y. Slip Op. 1348 (N.Y. 2010)   Cited 114 times
    Holding that defendants' "precarious financial condition" and the lack of marketability of their property interests warranted the appointment of a receiver

  3. Capital Ventures v. Republic of Argentina

    443 F.3d 214 (2d Cir. 2006)   Cited 57 times
    Explaining that a "court presented with an application for an order of attachment must determine whether a statutory ground for attachment exists" by "weighing . . . evidence"

  4. Commonwealth of the N. Mariana Islands v. Millard

    845 F. Supp. 2d 579 (S.D.N.Y. 2012)   Cited 21 times
    Noting that "[n]early every court in this Circuit to consider the issue has held that parties can bring a motion under FRCP 69, rather than instituting a special proceeding under the New York state law" and citing cases

  5. Koehler v. Bank of Bermuda Ltd.

    577 F.3d 497 (2d Cir. 2009)   Cited 4 times
    In Koehler, the Second Circuit had previously certified the following question to the New York Court of Appeals: whether Article 52 of the New York Civil Practice Law and Rules allowed a court sitting in New York to order a bank over which it had personal jurisdiction to deliver stock certificates owned by a judgment debtor to a judgment creditor when those stock certificates were located in Bermuda.

  6. In re Adirondack Timber Enterprise, Inc.

    Case No. 08-12553 (Bankr. N.D.N.Y. Apr. 28, 2010)   Cited 2 times   1 Legal Analyses
    In Adirondack Timber, the court reasoned that the grant of a security interest cannot extend to a party that is not actually granted a security interest.

  7. Midlantic National Bank/North v. Reif

    732 F. Supp. 354 (E.D.N.Y. 1990)   Cited 15 times

    No. 88 CV 1934. March 9, 1990. Seth Natter, Natter Natter, New York City, for plaintiff. Jeffrey A. Reif, pro se. MEMORANDUM AND ORDER McLAUGHLIN, District Judge. Defendant/petitioner moves for an order vacating or, alternatively, modifying an income execution issued to satisfy a judgment entered by this Court. For the reasons set forth below, the motion is granted in part and denied in part. FACTS On March 1, 1989, this Court entered a default judgment against petitioner Jeffrey Reif in the amount

  8. Kolortron Systems, Inc. v. Casey

    118 A.D.2d 687 (N.Y. App. Div. 1986)   Cited 11 times
    In Kolortron Systems, Inc., v. Casey, 118 A.D.2d 687, 500 N.Y.S.2d 36, appeal dismissed, 68 N.Y.2d 807, 506 N.Y.S.2d 1037, 498 N.E.2d 437 (1986), the Court emphasized the precise purpose of CPLR 5240 relief, explaining "[i]ts use is strictly to aid a party inequitably burdened by the use of enforcement procedures by his adversary and to allow him an opportunity to either meet his legal obligation or postpone the enforcement of a judgment until such time that its enforcement is more properly sought."

  9. Berkowitz v. Chavo International, Inc.

    144 A.D.2d 263 (N.Y. App. Div. 1988)   Cited 2 times

    November 10, 1988 Appeal from the Supreme Court, New York County (Andrew R. Tyler, J.). The dispute is between a judgment creditor and a secured party over who has priority to an obligation, denominated a promissory note but concededly nonnegotiable, owing to their mutual debtor. We assume in the secured party's favor that by reason of an after-acquired property clause in its contract with the debtor, said to constitute a security agreement, a security interest in the note attached in the secured

  10. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,363 times   48 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

  11. Section 103 - Form of civil judicial proceedings

    N.Y. CPLR 103   Cited 1,456 times
    Defining civil judicial disputes as "actions" or "proceedings"

  12. Section 105 - Definitions

    N.Y. C.P.L.R. § 105   Cited 803 times
    Defining "infant" as a person under 18 years of age

  13. Section 5240 - Modification or protective order; supervision of enforcement

    N.Y. C.P.L.R. § 5240   Cited 454 times
    Stating a court "may ... make an order ...."

  14. Section 5239 - Proceeding to determine adverse claims

    N.Y. C.P.L.R. § 5239   Cited 223 times
    Proceeding to determine adverse claims

  15. Section 9-104 - Control of deposit account

    N.Y. U.C.C. Law § 9-104   Cited 43 times
    Excluding application of Article 9 “to a transfer in whole or in part of any claim arising out of tort.”

  16. Section 9-401 - Alienability of Debtor's Rights

    N.Y. U.C.C. Law § 9-401   Cited 36 times

    (a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) and Sections 9-406, 9-407, 9-408, and 9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article. (b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking

  17. Section 8-102 - Definitions

    N.Y. U.C.C. Law § 8-102   Cited 35 times

    (a) In this Article: (1) "Adverse claim" means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. (2) "Bearer form", as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an indorsement. (3) "Broker" means a person defined as a broker or

  18. Section 8-103 - Rules for Determining Whether Certain Obligations and Interests are Securities or Financial Assets

    N.Y. U.C.C. Law § 8-103   Cited 9 times

    (a) A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security. (b) An "investment company security" is a security. "Investment company security" means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that

  19. Section 8-106 - Control

    N.Y. U.C.C. Law § 8-106   Cited 5 times

    (a) A purchaser has "control" of a certificated security in bearer form if the certificated security is delivered to the purchaser. (b) A purchaser has "control" of a certificated security in registered form if the certificated security is delivered to the purchaser, and: (1) the certificate is indorsed to the purchaser or in blank by an effective indorsement; or (2) the certificate is registered in the name of the purchaser, upon original issue or registration of transfer by the issuer. (c) A purchaser