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May 16, 2025
Court Rules A Federal Court’s Summary Judgment Order Could Not Support Res Judicata Until The Entry Of A Final Non-Appealable Judgment
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On April 4, 2025, Justice Joel M. Cohen ruled that a defendant seeking to dismiss claims against him on grounds of res judicata could not rely on a federal court’s summary judgment order because the order was not a “final conclusion” to the claim. In Raistone Purchasing LLC-Series XXXVII v. Gustavo Andres Patino Ocampo, et al., Index No. 654931/2024, defendant Gustavo Patino Ocampo argued that a federal court’s order on summary judgment in a federal action precluded the claim against him in state court. The Court denied his motion to dismiss, explaining: Read More
March 7, 2025
Pre-Judgment Restraining Notice Issued Against Defendant Following Grant of Summary Judgment to Plaintiff
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On January 31, 2025, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Fortress Credit Corp. v. Cohen, Index No. 651498/2024, issuing a pre-judgment restraining notice against, and ordering an enforcement deposition of, defendant following plaintiff's successful motion for summary judgment, explaining: Read More
August 23, 2024
Reliance on Advice of Counsel Not a Defense to Contempt Motion for Failure to Comply With Court Order
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On July 12, 2024, Justice Andrea Masley of the New York County Commercial Division issued a decision… Read More
May 31, 2024
Receiver Appointed Over Judgment Debtors' Interests in Business Entities After Judgment Debtors Violate Court Orders and Evade Judgment Enforcement
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On April 19, 2024, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in DB Auraria LLC v. Nelson, et al., Index No. 653436, granting a judgment creditor's motion to appoint a receiver over the interests of judgment debtors in any business entity, explaining: Read More
June 29, 2022
Post-Judgment Subpoenas for Bank Records of Nondebtor Permitted
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On June 22, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, et al., 2022 N.Y. Slip Op. 50522(U), denying a motion to quash a post-judgment subpoena served on a bank for bank records of a nondebtor, explaining: Read More
April 6, 2022
Contractual Interest Rate Trumps Statutory Pre-Judgment Interest Rate
On March 2, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in BNP Paribas, Singapore Branch v. Natixis, N.Y. Branch, 2022 N.Y. Slip Op. 30679(U), holding that a contractual agreement concerning the rate of interest to be paid by the defendant will control over New York statutory rate of 9% for prejudgment interest, explaining: Read More
March 11, 2022
Assets In Which Judgment Debtor Has Beneficial Interest, Even if Not Legal Title, Are Subject to Levy
On February 9, 2022, Justice Barry R. Ostrager of the New York County Commercial Division issued a d… Read More
October 20, 2021
Prior Decision in Minnesota Court Against Borrower Precluded Guarantor From Raising Issue in New York
On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski… Read More
April 12, 2021
Waiver of Defenses in Guaranty Prevented Guarantor From Asserting Affirmative Defenses to Guaranty's Enforcement
On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB… Read More
April 2, 2021
Court Grants Summary Judgment In Lieu of Complaint Based on Settlement Agreement
On March 17, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Wi… Read More
March 16, 2021
That LLC Was Not Formed When it Was Assigned Note Did Not Cause it to Lack Standing to Enforce Note
On March 10, 2021, the Second Department issued a decision in Torto Note Member, LLC v. Babad, 2021 … Read More
March 12, 2021
Acknowledgement of Debt Can Be Valid Even if it Contains Ambiguities
On March 4, 2021, the First Department issued a decision in Hawk Mtn. LLC v. RAM Capital Group LLC, … Read More
January 4, 2021
Lien Recorded Under Debtor's Correct Surname Valid Even Though First Name Was Incorrect
On December 23, 2020, The Appellate Division, Second Department issued a decision in Myrtle 684, LLC… Read More
May 15, 2020
Accounts Receivable are Tangible Assets
On May 1, 2020, the Fourth Department issued a decision in Violet Realty, Inc. v. Amigone, Sanchez &… Read More
April 25, 2020
Failure to Serve Judgment Debtor Dooms Creditor's Attempts to Collect
On April 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ka… Read More
January 28, 2020
Garnishee Liable for Transfer of Restrained Funds
On January 22, 2020, the Second Department issued a decision in Matter of Bravado Intl. Group Mercha… Read More
January 7, 2020
Judgment Creditor Did Not Create Lien on Debtor's Property Because Debtor's Name Was Misspelled
On December 18, 2019, the Second Department issued a decision in Matter of Fischer v. Chabbott, 2019… Read More
January 5, 2020
Foreign Judgment Takes Precedence over Settlement Agreement That the Judgment Enforced
On December 24, 2019, the Second Department issued a decision in Bernardo v. Ramos, 2019 NY Slip Op.… Read More
November 9, 2019
Court Finds High Burden for Appointing Receiver Met
On October 23, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 3, 2018
Court Appoints Receiver Over Judgment Debtor's Property
On October 15, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
