United States Second Circuit
Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce, 12-1857
Read Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce, 12-1857
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District court order denying plaintiff's application for a turnover order pursuant to N.Y. CPLR section 5225(b) is affirmed, where the New York Court of Appeals answered the certified question, holding that in order 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; it is not enough that the banking entity's subsidiary might have possession or custody of a judgment debtor's assets.
Appellate Information
- Decided 05/15/2013
- Published 05/15/2013
Judges
- PER CURIAM
Court
- United States Second Circuit