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Hamid v. Habib Bank Limited et al

MEMORANDUM OF LAW in Support re: 8 MOTION Turnover Order, Writ of Execution, ETC... Document

12 Cited authorities

  1. Laufer v. Ostrow

    55 N.Y.2d 305 (N.Y. 1982)   Cited 365 times   1 Legal Analyses
    Holding that the corporation must be engaged in "activities of substance in addition to solicitation" in order to establish general personal jurisdiction"

  2. Koehler v. Bank of Bermuda

    2009 N.Y. Slip Op. 4297 (N.Y. 2009)   Cited 136 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. Hotel 71 Mezz Lender LLC v. Falor

    2010 N.Y. Slip Op. 1348 (N.Y. 2010)   Cited 115 times
    Holding that defendants' "precarious financial condition" and the lack of marketability of their property interests warranted the appointment of a receiver

  4. Simonson v. International Bank

    14 N.Y.2d 281 (N.Y. 1964)   Cited 238 times
    In Simonson v. International Bank, 14 N.Y.2d 281, 251 N.Y.S.2d 433, 200 N.E.2d 427 (1964) (Fuld, J.), the Court of Appeals was faced with the issue of whether the CPLR, newly-enacted in 1962, which established long-arm jurisdiction in New York, could be applied retroactively to a corporation served under the old system.

  5. Tauza v. Susquehanna Coal Co.

    220 N.Y. 259 (N.Y. 1917)   Cited 607 times
    Holding that New York state courts had jurisdiction over a Pennsylvania corporation which had an office in New York and solicited business from New York

  6. Koehler v. Bank of Bermuda

    544 F.3d 78 (2d Cir. 2008)   Cited 13 times   1 Legal Analyses
    In Koehler, there was a clearly and definitively expressed reservation of rights in the settlement agreement between a judgment creditor and a judgment debtor.

  7. 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.

  8. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 4,161 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

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

    N.Y. CPLR 301   Cited 1,602 times
    Codifying caselaw that incorporates "doing business" standard

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

    N.Y. C.P.L.R. § 5225   Cited 881 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

  11. Section 5227 - Payment of debts owed to judgment debtor

    N.Y. C.P.L.R. § 5227   Cited 346 times

    Upon a special proceeding commenced by the judgment creditor, against any person who it is shown is or will become indebted to the judgment debtor, the court may require such person to pay to the judgment creditor the debt upon maturity, or so much of it as is sufficient to satisfy the judgment, and to execute and deliver any document necessary to effect payment; or it may direct that a judgment be entered against such person in favor of the judgment creditor. Costs of the proceeding shall not be

  12. Section 5201 - Debt or property subject to enforcement; proper garnishee

    N.Y. C.P.L.R. § 5201   Cited 298 times   2 Legal Analyses
    Defining "property"