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Commonwealth of the Northern Mariana Islands, Appellant,v.Canadian Imperial Bank of Commerce, Respondent, William H. Millard, Defendant, The Millard Foundation, Intervenor.

Brief

14 Cited authorities

  1. U.S. v. First Nat. City Bank

    379 U.S. 378 (1965)   Cited 284 times
    Holding that preliminary injunction preventing dissipation of assets was warranted where plaintiff sought foreclosure of tax lien

  2. Koehler v. Bank of Bermuda

    2009 N.Y. Slip Op. 4297 (N.Y. 2009)   Cited 124 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

  3. Bulk v. Bank of India

    827 F. Supp. 2d 234 (S.D.N.Y. 2011)   Cited 12 times   1 Legal Analyses
    Holding that a subpoena on the New York branch of an Indian Bank "reaches all responsive materials within the corporation's control, even if those materials are located outside New York."

  4. Goldberg & Connolly v. Xavier Constr. Co.

    94 A.D.3d 1117 (N.Y. App. Div. 2012)   Cited 8 times

    2012-04-24 In the Matter of GOLDBERG & CONNOLLY, appellant, v. XAVIER CONSTRUCTION CO., INC., et al., respondents. RUTH C. BALKIN Goldberg & Connolly, Rockville Centre, N.Y. (William J. Tinsley and Michael J. Rosenthal of counsel), appellant pro se.RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, and SANDRA L. SGROI, JJ. In a turnover proceeding pursuant to CPLR 5225(b) to direct Xavier Construction Co., Inc., and Frank Xavier Acocella to turn over the amount due under a judgment in favor

  5. 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"

  6. O'Brien-Kreitzberg Associates v. K.P., Inc.

    218 A.D.2d 519 (N.Y. App. Div. 1995)   Cited 20 times

    August 10, 1995 Appeal from the Supreme Court, New York County (Richard Lowe, III, J.). Plaintiff recovered a judgment for rent due under a lease for office space in a prior action captioned O'Brien-Kreitzberg v Kanon Personnel. Kanon Personnel is now alleged to be out of business, and plaintiff has commenced this action seeking to enforce its judgment against defendant K.P., Inc. and its principal, David Wortman who, the complaint alleges, continues to operate the same business and to use the name

  7. AG WORLDWIDE v. RED CUBE MANAGEMENT AG

    01 Civ. 1228 (GEL) (S.D.N.Y. Mar. 14, 2002)   Cited 12 times
    Holding that “it is appropriate to address the merits” although the complaint must be dismissed for improper service because “it is more efficient to resolve the merits as to all respondents now and thus avoid the additional delay of new service”

  8. TD Bank, N.A. v. S. Shore Motor Grp., Inc.

    35 Misc. 3d 1233 (N.Y. Sup. Ct. 2012)   Cited 2 times

    No. 25596/09. 2012-04-27 TD BANK, N.A. successor by merger to Commerce Bank, N.A., a National Banking Association, Plaintiff/Judgment–Creditor, v. SOUTH SHORE MOTOR GROUP, INC. and Frederick Ippolito, individually, Defendants/Judgment–Debtors. Platzer, Swergold, Karlin, Levine, Goldberg & Jaslow, LLP, for Plaintiff. Kenneth C. Henry, Jr., P.C., for Defendant. JOEL K. ASARCH Platzer, Swergold, Karlin, Levine, Goldberg & Jaslow, LLP, for Plaintiff. Kenneth C. Henry, Jr., P.C., for Defendant. Klein

  9. Dorchester Financial Securities v. Banco BRJ, S.A.

    02 Civ. 7504 (KMW) (KNF) (S.D.N.Y. Dec. 23, 2009)   Cited 2 times
    Awarding costs to prevailing party under Rule 54(d) on motion for turnover order

  10. In re Payne v. Garnett Mckeen Lab. Inc.

    232 A.D.2d 419 (N.Y. App. Div. 1996)   Cited 4 times
    Characterizing stock as intangible property subject to § 5201(c)'s directives regarding identity of proper garnishee

  11. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,127 times   147 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

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

    N.Y. CPLR 5225   Cited 828 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

  13. Section 2701 - When court may order disposition of property

    N.Y. CPLR 2701   Cited 44 times
    Authorizing a court to dispose of property where, inter alia, " a party has such property in his possession, custody or control as trustee for another party"

  14. Section R5527 - Statement in lieu of record on appeal

    N.Y. C.P.L.R. § 5527   Cited 32 times

    When the questions presented by an appeal can be determined without an examination of all the pleadings and proceedings, the parties may prepare and sign a statement showing how the questions arose and were decided in the court from which the appeal is taken and setting forth only so much of the facts averred and proved or sought to be proved as are necessary to a decision of the questions. The statement may also include portions of the transcript of the proceedings and other relevant matter. It