Opinion
May 27, 1997
Appeal from Supreme Court, New York County (Carol Arber, J.).
Since defendant made the payments, albeit, at times, in an untimely fashion, required by the judgment plaintiff obtained against her in New Jersey, the IAS Court properly exercised its discretion in vacating the restraint on defendant's bank accounts and safe deposit boxes. ( See, Guardian Loan Co. v. Early, 47 N.Y.2d 515, 519.) The court, however, was without jurisdiction to preclude plaintiff from executing on or forcing the sale of real property owned by defendant which is located in New Jersey or to otherwise limit plaintiff in its assertion of rights with respect to a lien on that property.