This is Sanford Hausler's blog about the United States Court of Appeals for the Second Circuit and its opinions. Nothing in this blog constitutes legal advice. But feel free to contact me at shausler at justice.com if you need help with an appeal either in the Second Circuit or in the New York appellate courts.
Thursday, May 23, 2013
More certified questions -- Turnover order
The Second Circuit has certified two questions to the New York Court of Appeals. The questions are:
(1) May a court issue a turnover order pursuant to N.Y. CPLR § 5225(b) to an entity that does not have actual possession or custody of a debtor’s assets, but whose subsidiary might have possession or custody of such assets?
(2) If the answer to the above question is in the affirmative, what factual considerations
should a court take into account in determining whether the issuance of such an order is
permissible?
The decision in Commonwealth of the Northern Marina Islands v. Canadian Imperial Bank of Commerce can be found here.
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