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Dussault et al v. Republic of Argentina

MEMORANDUM OF LAW in Support re: 61 MOTION for Turnover Order . . Document

18 Cited authorities

  1. Wiwa v. Royal Dutch Petroleum Co.

    226 F.3d 88 (2d Cir. 2000)   Cited 517 times   4 Legal Analyses
    Holding "the policy expressed in the TVPA favoring adjudication of claims of violations of international prohibitions on torture" weighed against dismissing the action on forum non conveniens grounds

  2. Landoil v. Alexander Servs

    77 N.Y.2d 28 (N.Y. 1990)   Cited 247 times   1 Legal Analyses
    Underwriting of policies in New York insufficient to sustain jurisdiction

  3. Gryphon Domestic VI, LLC v. APP International Finance Co.

    41 A.D.3d 25 (N.Y. App. Div. 2007)   Cited 63 times
    Reversing lower court's order that a turnover order cannot reach property outside New York

  4. NML Capital, Ltd. v. Republic of Argentina

    699 F.3d 246 (2d Cir. 2012)   Cited 36 times
    Finding that in light of debtor's “disregard of its legal obligations” to creditors, public interest favored permanent injunction requiring specific performance of those obligations

  5. Mitchell v. Lyons Professional Services, Inc.

    727 F. Supp. 2d 120 (E.D.N.Y. 2010)   Cited 31 times
    Holding it was permissible for the plaintiff to invoke a 5225(b) procedure by filing a motion in the action in which the judgment was obtained instead of commencing a separate action

  6. Miller v. Doniger

    28 A.D.3d 405 (N.Y. App. Div. 2006)   Cited 22 times
    In Miller v Doniger (28 AD3d 405 [1st Dept 2006]), the judgment debtor, who was in New York, was directed to turn over his out-of-state Wachovia bank accounts to the judgment creditor.

  7. NML Capital, Ltd. v. Republic of Argentina

    08 Civ. 6978 (TPG) (S.D.N.Y. Nov. 21, 2012)   Cited 8 times   1 Legal Analyses

    08 Civ. 6978 (TPG) 09 Civ. 1707 (TPG) 09 Civ. 1708 (TPG) 11-21-2012 NML CAPITAL, LTD., Plaintiff, v. REPUBLIC OF ARGENTINA, Defendants. Thomas P. Griesa OPINION On October 26, 2012, the Court of Appeals handed down an opinion affirming certain injunctions entered by the District Court. These injunctions were designed to remedy Argentina's breach of the Pari Passu Clause, including the "Equal Treatment Provision," contained in the contractual provisions of the Fiscal Agency Agreement Bonds ("FAA Bonds")

  8. Morgenthau v. Avion Resources Ltd.

    49 A.D.3d 50 (N.Y. App. Div. 2007)   Cited 10 times
    Endorsing plaintiffs position that "the New York courts have the power to command a garnishee present in the state to bring out-of-state assets under the garnishee's control into the state"

  9. Song v. 47 Old Country, Inc.

    975 F. Supp. 2d 288 (E.D.N.Y. 2013)   Cited 5 times

    No. CV 09–5566. 2013-10-3 DE PING SONG, Yang Xu, Bai Song Li, Chun Sen Zhu, Yan Zhang and Jie Li, Plaintiffs, v. 47 OLD COUNTRY, INC. (d/b/a/ Babi I), Jilly SN, Inc. (d/b/a Babi I), Babi Nail USA II Corp. (d/b/a/ Babi III), Kui Soon Cho (a/k/a Rosemary), Hae Sook Kim, In Bae Kim (a/k/a/ Frank, a/k/a/ Inbae Kim, a/k/a/ In Bae Kim, a/k/a In B. Kim Bae I. Kim), and Hye Young Choi (a/k/a Jacky, a/k/a/ Haeyoung Choi, a/k/a/ Hae Young Choi), Defendants, and Inhae Corp. and Myung Ryun Park, Transferees

  10. Starbare II Partners v. Sloan

    216 A.D.2d 238 (N.Y. App. Div. 1995)   Cited 22 times
    Holding that a court in New York was entitled to order a judgment debtor to deliver artwork in his possession, under N.Y. C.P.L.R. 5225, although the artwork was located outside new York, because it had personal jurisdiction over him

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,380 times   128 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 4,092 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  13. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,590 times
    Codifying caselaw that incorporates "doing business" standard

  14. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. C.P.L.R. § 5225   Cited 861 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

  15. Section 105 - Definitions

    N.Y. C.P.L.R. § 105   Cited 805 times
    Defining "infant" as a person under 18 years of age