Legal Opinion
New York State Commissioner of Taxation & Finance v. TD Bank, N.A.
New York Supreme Court
Decided April 7, 2016Published
1Opinion of the Court
OPINION OF THE COURT
Denise A. Hartman, J.
In this turnover proceeding, petitioner the State Commissioner of Taxation and Finance seeks to seize funds from defendant TD Bank, N.A. The funds are in an account jointly held by judgment debtor Patricia A. Princeprejs and Paul Burns. By letter dated February 9, 2016, petitioner requests that the court grant default judgment in its favor. Because petitioner has not complied with the service requirements of CPLR 5225 (b) and has failed to join a necessary party, petitioner’s request for a default judgment is denied.
Petitioner has submitted proof of…
2Cases cited10 opinions
- City of New York v. Chemical BankNew York Supreme Court · 1983
- Gryphon Domestic VI, LLC v. APP International Finance Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Swezey v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 2012
- Signature Bank v. HSBC Bank USA, N.A.Appellate Division of the Supreme Court of the State of New York · 2009
- MATTER OF YAK TAXI, INC. v. TekeNew York Court of Appeals · 1977
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