Court of Appeals of New York

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Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce, 58

For a court to issue a post-judgment turnover order pursuant to CPLR 5225(b) against a banking entity, that entity itself must have actual, not merely constructive, possession or custody of the assets sought; that is, it is not enough that the banking entity's subsidiary might have possession or custody of a judgment debtor's assets.

Appellate Information

  • Decided 04/30/2013
  • Published 04/30/2013

Judges

  • RIVERA

Court

  • Court of Appeals of New York

Counsel

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