Blogs

Posts Categorized: Judgment and Collection

Posted: 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 NY Slip Op. 09002, holding that a judgment creditor failed to create a lien on a debtor’s property because the debtor’s name was misspelled on the judgment the creditor had docketed, explaining: CPLR 5203(a) gives priority to a... Read more »

Posted: 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. 09245, holding that a foreign judgment takes precedence over a settlement agreement that the judgment enforced, explaining: The parties entered into a compromise agreement dated May 18, 2004, in the Philippines, whereby the defendant agreed to pay... Read more »

Posted: 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 in Herman v. Herman, 2018 NY Slip Op. 32652(U), appointing a receiver over a judgment debtor’s property, explaining: CPLR 5228(a) provides that upon motion of a judgment creditor the court may appoint a receiver who may be authorized to... Read more »

Posted: October 17, 2018

Levy Can Be Extended if Motion to Extend is Made Before its Original Expiration Date

On September 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Medallion Bank v. Mama of 5 Hacking Corp., 2018 NY Slip Op. 32461(U), holding that a levy can be extended if a motion to extend is made before the levy’s original expiration date, explaining: CPLR 5232 (a) provides, in... Read more »

Posted: October 9, 2018

Levy Does Not Expire After 90 Days if a Special Proceeding is Commenced Before the 90 Days Has Run

On September 21, 2018, Justice Masley of the New York County Commercial Division issued a decision in Medallion Bank v. TLG Hacking Corp., 2018 NY Slip Op. 32397(U), holding that a levy does not expire if a special proceeding is commenced before the levy expires, explaining: Garber and TLG argue that the motion must be denied... Read more »

Posted: April 10, 2018

Court Cannot Consider Affirmative Defenses in Deciding Judgment by Default for Non-Appearance

On April 4, 2018, the Second Department issued a decision in Power Up Lending Group, Ltd. v. Cardinal Resources, Inc., 2018 NY Slip Op. 02351, holding that in deciding a motion for default due to non-appearance, a court could not consider affirmative defenses, explaining: Pursuant to CPLR 3215, a plaintiff may seek a default judgment... Read more »

Posted: January 1, 2018

Allegations of Badges of Fraud Sufficient to Support Actual Fraudulent Conveyance Claim

On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Capital One Equipment Finance Corp. v. Corrigan, 2017 NY Slip Op. 32632(U), holding that allegations of badges of fraud are sufficient to support a claim for actual fraudulent conveyance, explaining: Capital One also sufficiently states a claim against... Read more »