Legal Opinion
Shelly v. Doe
New York County Courts
Decided May 28, 1997PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Eugene L. Nicandri, J.
This is a special proceeding authorized by CPLR 5239 to determine adverse claims to personal property, in the context of a property execution to collect a money judgment. County Court has subject matter jurisdiction of the proceeding under CPLR 5221 (a) (4), even though the judgment in question was entered in Supreme Court. The Sheriff has attempted to levy execution on a collection of handguns which were formerly the property of Robert Shelly (hereafter called Robert), and which are now held by William Shelly (hereafter called William), to apply…
2Cases cited32 opinions
- Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Shapiro v. WilgusSupreme Court of the United States · 1932
- MFS/Sun Life Trust-High Yield Series v. Van Dusen Airport Services. Co.District Court, S.D. New York · 1995
- Lowendahl v. Baltimore & Ohio RailroadNew York Court of Appeals · 1936
- Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by4 opinions
- Le Café Creme, Ltd. v. Le Roux (In Re Le Café Creme, Ltd.)United States Bankruptcy Court, S.D. New York · 2000
- Trafalgar Power, Inc. v. Aetna Life InsuranceDistrict Court, N.D. New York · 2001
- Gasser v. Infanti International, Inc.District Court, E.D. New York · 2005
- Jenkins v. JenkinsNew York Supreme Court · 1999