Legal Opinion

Palisades Acquisition V, LLC v. Ibrahim

New York Supreme Court

Decided April 3, 2006PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Diane A. Lebedeff, J.

This postjudgment turnover proceeding highlights that both federal and state law mandate that special care must be taken regarding affidavits of military or nonmilitary status in collec*341tion cases, especially in relation to any individual not subject to a judgment and whose military or nonmilitary status has not previously been determined by a court. It appears that this issue previously has not been addressed by any state or federal court.

As is well known, federal and state servicemember civil relief acts require that, prior to issuance of a default…

2Cases cited11 opinions

  1. Boone v. LightnerSupreme Court of the United States · 1943
  2. In re the Estate of FriedmanAppellate Division of the Supreme Court of the State of New York · 1984
  3. In re the Estate of FriedmanNew York Court of Appeals · 1984
  4. Andrews v. GardinerAppellate Division of the Supreme Court of the State of New York · 1918
  5. New York City Housing Authority v. SmithsonCivil Court of the City of New York · 1983

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3Cited by1 opinion

  1. Cornhill LLC v. SposatoRochester City Court · 2017

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