International Fidelity Insurance v. European American Bank

In a proceeding pursuant to CPLR 5239 to determine adverse claims to property of a judgment debtor, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated July 24, 1985, which granted the petitioner’s judgment lien priority over that of the appellant.

Ordered that the judgment is reversed, on the law, with costs, and the priority of the appellant’s judgment is reinstated.

The appellant’s service of a summons against the debtor, who had filed a petition for bankruptcy pursuant to USC chapter 11 violated the automatic stay provided for in that chapter against…