Legal Opinion

Cadles of Grassy Meadows II, L.L.C. v. Lapidus

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

Decided March 20, 2012PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered October 6, 2011, which, inter alia, denied defendant Lapidus’s (defendant) motion, pursuant to CPLR 5240, for a protective order restraining plaintiff from further efforts to enforce a judgment rendered in the State of Connecticut and filed in New York pursuant to CPLR 5402, unanimously affirmed, with costs.

Defendant’s challenge to the validity of the chain of assignments through which plaintiff acquired the Connecticut judgment is not an impermissible collateral attack on the judgment, since it challenges not the merits…

2Cases cited5 opinions

  1. Roche v. McDonaldSupreme Court of the United States · 1928
  2. CDR Créances S.A.S. v. CohenAppellate Division of the Supreme Court of the State of New York · 2010
  3. Mee v. SpragueNew York Supreme Court · 1989
  4. Swezey v. LynchAppellate Division of the Supreme Court of the State of New York · 2011
  5. Cadle Co. v. BiberajAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. FTBK Investor II LLC v. Genesis Holding LLCNew York Supreme Court · 2014
  2. Savings Deposit Ins. Fund of Turkey v. AksoyAppellate Division of the Supreme Court of the State of New York · 2020

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