Court of Appeals of New York
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