Banco do Brasil v. Madison Steamship Corp.

After answer, defendants move to dismiss, in an action in which plaintiff .sues: (1) to recover amounts allegedly received by defendant Madison Steamship Corp. (Madison), and the codefendants,"Madison’s attorneys, pursuant to an execution on a judgment against plaintiff, in excess of the amount of said judgment; and (2) to compel defendants to issue a satisfaction of said judgment. The judgment was obtained by Madison against plaintiff on default in an action in the United States District Court for the Southern District of New York.

Defendants assert and have pleaded in their answer, that: (1)…