Legal Opinion · Dissent

Hotel 71 Mezz Lender LLC v. Falor

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

Decided December 16, 2008Published

1DissentSaxe, J.

When a plaintiffs right to a money judgment against a defendant appears to be clear, and grounds for a prejudgment attachment of assets owned by the defendant are similarly self-evident, if means exist by which those assets may be treated as located within this state so as to be available for attachment, the response of a court considering a challenge to such an attachment should not be to bend over backwards to protect such assets from the plaintiffs reach.

The position advanced in this writing, that service on a proper garnishee while that individual is in New York—even temporarily—is enough…

2Cases cited12 opinions

  1. Harris v. BalkSupreme Court of the United States · 1905
  2. Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
  3. In Re Compelling Payment of Tax Upon Property Given by the Will of EnstonNew York Court of Appeals · 1889
  4. Red Tulip, LLC v. NeivaAppellate Division of the Supreme Court of the State of New York · 2007
  5. ABKCO Industries, Inc. v. Apple Films, Inc.New York Court of Appeals · 1976

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