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Ladjevardian et al v. The Republic of Argentina

MEMORANDUM OF LAW in Opposition re: 44 MOTION for Writ of Execution against The Republic of Argentina . MOTION for Writ of Attachment as to The Republic of Argentina Bank of New York Mellon Corporation. Memorandum of The Bank of New York Mellon in Opposition to Plaintiffs' Motions for Turnover Orders. Document

5 Cited authorities

  1. Beauvais v. Allegiance Securities, Inc.

    942 F.2d 838 (2d Cir. 1991)   Cited 44 times
    Finding that the debtor was not entitled to possession of certain funds because a clearing agreement gave the garnishee "the right to apply them to [the debtor's] unpaid balance for services rendered to it or its customers"

  2. Dussault v. Republic Argentina

    616 F. App'x 26 (2d Cir. 2015)   Cited 11 times
    Holding that because a district court ordered the garnishee to "retain the Funds in its accounts . . . pending further Order of this Court," the debtor was not entitled to possession of the funds

  3. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 4,096 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  4. 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

  5. Section 5230 - Executions

    N.Y. C.P.L.R. § 5230   Cited 73 times

    (a) Form. An execution shall specify the date that the judgment or order was entered, the court in which it was entered, the amount of the judgment or order, the applicable interest rate and the date as of which the new interest rate applies if the interest rate for consumer debt pursuant to section five thousand four of this chapter applies and the amount due thereon and it shall specify the names of the parties in whose favor and against whom the judgment or order was entered. If the applicable