Legal Opinion

Citibank, N.A. v. Keenan Powers & Andrews PC

Appellate Division of the Supreme Court of the State of New York

Decided April 11, 2017No. 3684N 651075/12PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered December 22, 2015, which granted defendant Secure Title Agency, Inc.’s (Secure Title) motion, pursuant to CPLR 6212 (e), for an award of $491,134.46 in attorneys’ fees and related litigation costs, plus interest, as the result of the wrongful attachment of its property, unanimously affirmed, with costs.

A stipulation modifying an order of attachment does not negate an attachment or eliminate the attached party’s right to damages under CPLR 6212 (e). Here, the wrongful attachment did not flow from the parties’ stipulations…

2Cases cited4 opinions

  1. Bank of New York v. NickelAppellate Division of the Supreme Court of the State of New York · 2004
  2. Thropp v. ErbNew York Court of Appeals · 1930
  3. A. C. Israel Commodity Co. v. Banco Do Brasil, S. A.New York Supreme Court · 1966
  4. Correspondent Services Corp. v. J.V.W. Investment Ltd.District Court, S.D. New York · 2007

3Cited by1 opinion

  1. Cyngiel v. KrigsmanAppellate Division of the Supreme Court of the State of New York · 2026

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