Blogs

Posts Categorized: Judgment and Collection

Posted: 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 v. Tauber, 2020 NY Slip Op. 07901, holding that a deed recorded under a debtor’s correct surname was created a valid lien even though the debtor’s first name was not correctly spelled, explaining: CPLR 5203(a) gives priority to a... Read more »

Posted: 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 & Mattrey, LLP, 2020 NY Slip Op. 02592, holding that accounts receivable are tangible assets, explaining: We agree with plaintiff, however, that the court erred in granting defendant’s cross motion insofar as it seeks a determination that defendant’s... Read more »

Posted: 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 Kasen v. Mission Cantina, LLC, 2020 NY Slip Op. 30929(U), holding that the failure to serve the judgment debtor doomed a creditor’s attempts to collect, explaining: CPLR § 5225 (a) provides: (a) Property in the possession of judgment... Read more »

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 »