Hotel 71 Mezz Lender LLC v. Falor
Appellate Division of the Supreme Court of the State of New York
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
- Harris v. BalkSupreme Court of the United States · 1905
- Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
- In Re Compelling Payment of Tax Upon Property Given by the Will of EnstonNew York Court of Appeals · 1889
- Red Tulip, LLC v. NeivaAppellate Division of the Supreme Court of the State of New York · 2007
- ABKCO Industries, Inc. v. Apple Films, Inc.New York Court of Appeals · 1976
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