Legal Opinion

Garland D. Cox & Associates, Inc. v. Koffman

New York Court of Appeals

Decided November 29, 1979PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that court.

The premise of the Appellate Division’s determination was that, because there had not been a levy of execution on the Koffman Group under petitioner’s judgment against P. D. C., petitioner could not secure a turnover order against the *880Hoffman Group in a proceeding brought pursuant to CPLR 5225 (subd [b]) and CPLR 5227. That premise was erroneous. There is no requirement that a judgment creditor obtain priority by way of execution before he resorts to one of…

2Cited by4 opinions

  1. Miller v. DonigerAppellate Division of the Supreme Court of the State of New York · 2006
  2. Kitson & Kitson v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2004
  3. City of New York v. BirchNew York Supreme Court · 1984
  4. Garland D. Cox & Associates, Inc. v. KoffmanAppellate Division of the Supreme Court of the State of New York · 1980

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