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Hamid v. Habib Bank Limited et al

REPLY MEMORANDUM OF LAW in Support re: 8 MOTION Turnover Order, Writ of Execution, ETC.. To Oeder to Show Cause. Document

16 Cited authorities

  1. 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

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

    41 A.D.3d 25 (N.Y. App. Div. 2007)   Cited 62 times
    Reversing lower court's order that a turnover order cannot reach property outside New York

  3. Allied Maritime, Inc. v. Descatrade SA

    620 F.3d 70 (2d Cir. 2010)   Cited 35 times
    Explaining limitations on attachment of out-of-state accounts

  4. Greenbaum v. Handlesbanken

    26 F. Supp. 2d 649 (S.D.N.Y. 1998)   Cited 23 times
    Holding that the limited discovery needed to replace the subsidiary with parent would not prejudice the defendant

  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. Digitrex, Inc. v. Johnson

    491 F. Supp. 66 (S.D.N.Y. 1980)   Cited 33 times
    Holding restraining notice served on bank's main office sufficient and legally effective, as applied to assets in branch of bank

  7. Mones v. Commercial Bank of Kuwait, S.A.K.

    399 F. Supp. 2d 310 (S.D.N.Y. 2005)   Cited 4 times
    Stating that "[c]ourts have repeatedly held . . . that [N.Y. C.P.L.R. 5225] power is limited to ordering the delivery of property that is located within the court's jurisdiction."

  8. S S Mach. v. Mfrs. Hanover

    219 A.D.2d 249 (N.Y. App. Div. 1996)   Cited 9 times
    Approving Digitrex rule

  9. New Jersey v. New York City

    283 U.S. 473 (1931)   Cited 34 times
    Ordering New York City to stop dumping garbage off New Jersey coast

  10. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,759 times   123 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. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,098 times   17 Legal Analyses
    Permitting the use of declarations instead

  13. Section 1333 - Admiralty, maritime and prize cases

    28 U.S.C. § 1333   Cited 4,502 times   11 Legal Analyses
    Granting federal district courts original jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction"

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

    N.Y. CPLR 5225   Cited 835 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

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

    N.Y. CPLR 5227   Cited 339 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

  16. Section 1005 - Procedure after dissolution

    N.Y. Bus. Corp. Law § 1005   Cited 144 times

    (a) After dissolution: (1) The corporation shall carry on no business except for the purpose of winding up its affairs. (2) The corporation shall proceed to wind up its affairs, with power to fulfill or discharge its contracts, collect its assets, sell its assets for cash at public or private sale, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business. (3) After paying or adequately providing for the payment of its liabilities: (A) The corporation, if authorized