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United States Second Circuit


Koehler v. Bank of Bermuda Ltd., 05-2378

In a proceeding to enforce a default judgment, denial of petitioner's motion seeking an order and requiring respondent to deliver to petitioner certain stock certificates is vacated where a court sitting in New York may order a bank over which it has personal jurisdiction to deliver stock certificates owned by a judgment debtor (or cash equal to their value) to a judgment creditor, pursuant to N.Y. C.P.L.R. Article 52, when those stock certificates are located outside New York.

Appellate Information

  • Decided 08/20/2009
  • Published 08/20/2009

Judges

  • PER CURIAM:, Before CABRANES, POOLER, and KATZMANN, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Brian G. West, Towson, MD (Paul F. Newhouse, on the brief), for Petitioner-Appellant.

  • For Appellees:
  • Daniel B. Rapport, Friedman Kaplan Seiler & Adelman LLP, New York, N.Y. (Robert J. Lack, Vanessa Richards, on the brief), for Respondent-Appellee.
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