§Why CasetextPricing

Vera v. The Republic of Cuba

MEMORANDUM OF LAW in Opposition re: 227 Memorandum of Law in Support, of Vera's Prority and In Opposition to Hausler's Proiority to Assests of The Republic of Cuba in Garnishees' Custody. Document

16 Cited authorities

  1. Commonwealth of the N. Mariana Islands v. Canadian Imperial Bank of Commerce

    2013 N.Y. Slip Op. 3018 (N.Y. 2013)   Cited 129 times   2 Legal Analyses
    Holding that the phrase “possession or custody” in § 5225(b) requires actual, and not merely constructive, possession

  2. Merrell-Benco Agency, LLC v. HSBC Bank USA

    20 A.D.3d 605 (N.Y. App. Div. 2005)   Cited 22 times

    95484. July 7, 2005. Peters, J.P. Appeal from three judgments of the Supreme Court (Kavanagh, J.), entered February 10, 2004, February 26, 2004 and February 27, 2004 in Sullivan County, upon a decision of the court in favor of Gaffken Barriger Fund, LLC, Wolf Kraus and Pre-Fab City, Inc. Jacobowitz Gubits L.L.P., Walden (Nicholas E. Tishler, Niskayuna, of counsel), for appellants. Levine, Glass Miller, Monticello (Martin S. Miller of counsel), for Wolf Kraus, respondent. Hanig, Stall Associates,

  3. Potash v. Port Auth. of N.Y. and N.J

    279 A.D.2d 562 (N.Y. App. Div. 2001)   Cited 23 times
    Collecting New York cases

  4. United States v. Edwards

    241 F.R.D. 146 (E.D.N.Y. 2007)   Cited 15 times
    Summarizing court's authority to correct caption errors sua sponte

  5. Kitson Kitson v. Yonkers

    10 A.D.3d 21 (N.Y. App. Div. 2004)   Cited 16 times

    2003-03740, 2003-02319 June 1, 2004. Cross appeals from a decision of the Supreme Court, Westchester County (Francis A. Nicolai, J.), dated January 9, 2003, and a judgment of that court, entered April 16, 2003. The judgment, entered in consolidated turnover proceedings to compel respondents to turn over the settlement proceeds of an action brought by the debtor against them, dismissed the claim of the debtor's attorney, and awarded $16,080 to the debtor's former wife as cotrustee for her minor son

  6. Commonwealth of Northern Mariana Islands v. Millard

    287 F.R.D. 204 (S.D.N.Y. 2012)   Cited 5 times

    Michael Sangyun Kim, Andrew C. Lourie, Marcus Green, Adriana Riviere-Badell, Kobre & Kim LLP, for Plaintiff. Scott D. Musoff, Timothy G. Nelson, Gregory A. Litt, Skadden, Arps, Slate, Meagher & Flom LLP, for Third-Party Garnishee Canadian Imperial Bank of Commerce. MEMORANDUM OPINION LEWIS A. KAPLAN, District Judge. The plaintiff, the Commonwealth of the Northern Mariana Islands (" CNMI" ), is a judgment creditor as to two tax judgments obtained against the two individual defendants, the Millards

  7. Provosty v. Lydia E. Hall Hospital

    91 A.D.2d 658 (N.Y. App. Div. 1982)   Cited 33 times
    Noting that "a trade name, as such, has no separate jural existence" and "it can neither sue nor be sued independently of its owner"

  8. New York State Commissioner v. Bank of N.Y

    275 A.D.2d 287 (N.Y. App. Div. 2000)   Cited 2 times

    August 31, 2000. Judgment, denominated order and judgment (one paper), Supreme Court, New York County (William McCooe, J.), entered on or about May 26, 1999, which granted the petition of the New York State Department of Taxation and Finance for a Judgment compelling appellant Bank of New York to turn over the original proceeds in an account maintained by respondent judgment debtor, unanimously reversed, on the law, without costs, the judgment vacated and the petition dismissed. Michael S. Belohlavek

  9. Provosty v. Hall Hospital

    59 N.Y.2d 812 (N.Y. 1983)   Cited 13 times

    Decided June 7, 1983 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANCIS X. BECKER, J. Thomas F. Meagher and Lawrence B. Brennan for appellants. Lola S. Lea for respondent. On review of the submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, insofar as it dismissed the complaint in Action No. 1 for the reasons stated with respect to Action No. 1 in the memorandum at the Appellate

  10. National Bank of N. Am. v. State Tax Comm

    106 A.D.2d 377 (N.Y. App. Div. 1984)   Cited 7 times

    December 3, 1984 Appeal from the Supreme Court, Nassau County (McCaffrey, J.). Judgment reversed, on the law, with costs, and proceeding dismissed. On August 9, 1979, the State Tax Commission of the State of New York (Tax Commission) docketed a tax warrant pursuant to subdivision (b) of section 1141 Tax of the Tax Law against Meyer Brandywine in the amount of $11,939.09 for his failure to pay sales taxes pursuant to article 28 of the Tax Law. Subsequently, on June 29, 1981, the Tax Commission issued

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,100 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. 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

  13. Section 1610 - Exceptions to the immunity from attachment or execution

    28 U.S.C. § 1610   Cited 461 times   15 Legal Analyses
    Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”

  14. Section 5232 - Levy upon personal property

    N.Y. C.P.L.R. § 5232   Cited 123 times

    (a) Levy by service of execution. The sheriff or support collection unit designated by the appropriate social services district shall levy upon any interest of the judgment debtor or obligor in personal property not capable of delivery, or upon any debt owed to the judgment debtor or obligor, by serving a copy of the execution upon the garnishee, in the same manner as a summons, except that such service shall not be made by delivery to a person authorized to receive service of summons solely by a