Posts Categorized: Judgment and Collection

Posted: May 7, 2017

Even if Statutory Basis for Attachment Met, Must be Showing Judgment Will Not Be Paid

On April 21, 2017, Justice Friedman of the New York County Commercial Division issued a decision in Mascis Investment Partnership v. SG Capital Corp., 2017 NY Slip Op. 30813(U), holding that even where the statutory basis for an attachment is met, there must be a showing that there is a risk that the judgment will… Read more »

Posted: March 4, 2017

Motion to Correct Judgment Cannot be Used to Litigate New Issues

On February 15, 2017, Justice Ramos of the New York County Commercial Division issued a decision in DLJ Mortgage Capital, Inc. v. Hoey, 2017 NY Slip Op. 30303(U), denying a motion to correct a judgment because it sought to litigate new issues, explaining: A court has the inherent power to correct any mistake, defect or… Read more »

Posted: February 13, 2017

Court Finds Service of Information Subpoena/Restraining Notice on Party’s Counsel Adequate

On February 3, 2017, Justice Singh of the New York County Commercial Division issued a decision in Deutsche Bank AG v. Sebastian Holdings Inc., 2017 NY Slip Op. 30241(U), holding that service of an information subpoena and restraining notice on a party’s counsel was sufficient service, explaining: Defendant argues that it was not properly served… Read more »

Posted: August 28, 2016

An Interested Person May be Allowed to Intervene in Special Proceeding to Recover Debt

On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Wimbledon Financing Master Fund, Ltd. v. Bergstein, 2016 NY Slip Op. 31574(U), discussing the standard for intervention in a special proceeding to turn over funds to satisfy a judgment: Under CPLR 1012, a non-party shall be permitted to… Read more »

Posted: April 27, 2016

Rule 69, Which Provides that Money Judgments are Executed Under State Law, Applies to State Substantive Law

On April 11, 2016, the Second Circuit issued a decision in Mitchell v. Garrison Protective Servs., Inc., 15‐2137‐CV, discussing the procedure in federal court for collecting a judgment under state law as mandated by F.R.C.P. 69.     Mitchell involved a challenge to determinations made in the course of a proceeding to collect on a judgment…. Read more »

Posted: March 22, 2016

Court Should Have Allowed Estranged Wife to Intervene in Turn-Over Action Against Husband

On March 15, 2016, the First Department issued a decision in Pensmore Investments, LLC v. Gruppo, Levey & Co., 2016 NY Slip Op. 01789, ordering that a defendant’s estranged wife be allowed to intervene in a turn-over action. In Pensmore Investments, the plaintiff brought an action to enforce a judgment it had obtained against an… Read more »

Posted: January 14, 2016

Court Recognizes Claim for Tortious Interference with Enforcement of a Judgment

On December 29, 2015, the First Department issued a decision in Priestley v. Panmedix Inc., 2015 NY Slip Op. 09623, permitting the plaintiff to amend her complaint to assert a cause of action for tortious interference with the collection of a judgment. In Priestley, the plaintiff, who had obtained a federal money judgment against defendant… Read more »

Posted: January 3, 2016

When There is No Verdict, Report or Decision Made, Interest Calculated From Date of Judgment

On December 29, 2015, the First Department issued a decision in Lee v. Riverhead Bay Motors, 2015 NY Slip Op. 09642, clarifying the date from which prejudgment interest is calculated. In Lee, the plaintiff’s “former counsel . . . sought interest to run from February 28, 2012 to the date of entry of a final… Read more »

Posted: November 30, 2015

Court Grants Attachment in Support of Collection of Foreign Judgment

On November 17, 2015, Justice DeStefano of the Nassau County Commercial division issued a decision in Passport Special Opportunities Master Fund, L.P. v. ARY Communications, Ltd., 2015 NY Slip Op. 51696(U), granting an attachment in support of the collection of a foreign judgment. In Passport Special Opportunities Master Fund, the plaintiff brought an “action to… Read more »