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Starbare II Partners v. Sloan

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 1995
216 A.D.2d 238 (N.Y. App. Div. 1995)
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Summary

holding that a court in New York was entitled to order a judgment debtor to deliver artwork in his possession, under N.Y. C.P.L.R. 5225, although the artwork was located outside new York, because it had personal jurisdiction over him

Summary of this case from Koehler v. Bank of Bermuda
See 5 Summaries

Opinion

June 29, 1995

Appeal from the Supreme Court, New York County (Carol Arber, J.).

Since the IAS Court had personal jurisdiction over defendant and judgment debtor Stephen Sloan, it was entitled under CPLR 5225 (a) to order him to turn over to the Sheriff of the City of New York property located outside of the State ( see, Matter of Feit Drexler v. Drexler, 760 F.2d 406, 414; Matter of Newmark v C C Super Corp., 3 A.D.2d 823, affd 3 N.Y.2d 790). Since the judgment held by plaintiff as assignee was in an amount far in excess of the value of the subject artwork in defendant's possession and purportedly located in New Jersey, we find that the court erred in failing to extend the reach of its order to include it.

Concur — Ellerin, J.P., Kupferman, Asch, Williams and Tom, JJ.

Summaries of

Starbare II Partners v. Sloan

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 1995
216 A.D.2d 238 (N.Y. App. Div. 1995)

holding that a court in New York was entitled to order a judgment debtor to deliver artwork in his possession, under N.Y. C.P.L.R. 5225, although the artwork was located outside new York, because it had personal jurisdiction over him

Summary of this case from Koehler v. Bank of Bermuda

holding that where a court has personal jurisdiction over a party, it can order the turnover of "personal property" to satisfy a judgment

Summary of this case from Gowen v. Helly Nahmad Gallery, Inc.

holding that "[s]ince the IAS Court had personal jurisdiction over defendant and judgment debtor... it was entitled under CPLR 5225 to order him to turn over to the Sheriff of the City of New York property located outside of the State"

Summary of this case from Kassover v. Prism Ventures Partners, LLC

ordering turnover of artwork purportedly located in New Jersey

Summary of this case from P-C Palladio, LLC v. Nassi

In Starbare II Partners L.P. v. Sloan, 216 A.D.2d 238, 239, 629 N.Y.S.2d 23 (1st Dep't 1995), the Appellate Division, First Department directed the defendant to turn over artwork located outside the state pursuant to CPLR § 5225(a) on the basis of the court's having personal jurisdiction over the judgment debtor.

Summary of this case from In re Gaming Lottery Securities Litigation
Case details for

Starbare II Partners v. Sloan

Case Details

Full title:STARBARE II PARTNERS, L.P., Respondent-Appellant, v. STEPHEN SLOAN et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 29, 1995

Citations

216 A.D.2d 238 (N.Y. App. Div. 1995)
629 N.Y.S.2d 23

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