Koehler v. Bank of Bermuda
2009 N.Y. Slip Op. 4297 (N.Y. 2009) Cited 125 times 14 Legal AnalysesHolding 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
Epperson v. Entertainment Express, Inc.
242 F.3d 100 (2d Cir. 2001) Cited 148 timesHolding that a district court maintains subject-matter jurisdiction where a plaintiff claims that the original defendant made fraudulent conveyances to "alter ego" owners in order to avoid judgment
Grede v. Bank of New York Mellon
598 F.3d 899 (7th Cir. 2010) Cited 67 times 1 Legal AnalysesHolding that Caplin did not apply to post plan confirmation private action trustee, because “[a]lthough the terms of the Bankruptcy Code govern the permissible duties of a trustee in bankruptcy, the terms of the plan of reorganization (and of the trust instrument) govern the permissible duties of a trustee after bankruptcy”
Gryphon Domestic VI, LLC v. APP International Finance Co.
41 A.D.3d 25 (N.Y. App. Div. 2007) Cited 63 timesReversing lower court's order that a turnover order cannot reach property outside New York
Mitchell v. Lyons Professional Services, Inc.
727 F. Supp. 2d 120 (E.D.N.Y. 2010) Cited 31 timesHolding 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
Koehler v. Bank of Bermuda
544 F.3d 78 (2d Cir. 2008) Cited 13 times 1 Legal AnalysesIn Koehler, there was a clearly and definitively expressed reservation of rights in the settlement agreement between a judgment creditor and a judgment debtor.
Cordius Trust v. Kummerfeld
99 Civ. 3200 (DLC) (S.D.N.Y. Oct. 23, 2009) Cited 6 timesApplying federal standard to contempt analysis in action based on state law claim
Aaron v. Mattikow
225 F.R.D. 407 (E.D.N.Y. 2004) Cited 10 timesNoting "badges of fraud" circumstances include "suspicious timing of the transfers or transfers that are unusual or hasty"
Cardew v. Gialanella
92 A.D.3d 1002 (N.Y. App. Div. 2012) Cited 2 times2012-02-2 In the Matter of Robert CARDEW, Appellant, v. John GIALANELLA, Respondent,andBrian Fischer, as Commissioner of Corrections and Community Supervision, et al., Respondents. Robert Cardew, Attica, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Owen W. Demuth of counsel), for Brian Fischer and another, respondents. MALONE JR. Robert Cardew, Attica, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Owen W. Demuth of counsel), for Brian Fischer and another,
Abuhamda v. Abuhamda
236 A.D.2d 290 (N.Y. App. Div. 1997) Cited 3 timesHolding 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
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 Legal AnalysesHolding 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
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 4,027 times 6 Legal AnalysesAdopting state law for procedures to execute judgments and obtain relevant discovery
Section 301 - Jurisdiction over persons, property or status
N.Y. CPLR 301 Cited 1,570 timesCodifying caselaw that incorporates "doing business" standard
Section 5225 - Payment or delivery of property of judgment debtor
N.Y. CPLR 5225 Cited 841 times 1 Legal AnalysesAuthorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor