Opinion · Appellate Division of the Supreme Court of the State of New York

Starbare II Partners, L. P. v. Sloan

Starbare II Partners, L. P. v. Sloan, 216 A.D.2d 238 (Appellate Division of the Supreme Court of the State of New York 1995)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1995-06-29
Topic
litigation

How later courts describe this case

  • holding that where a court has personal jurisdiction over a party, it can order the turnover of "personal property" to satisfy a judgment
  • holding that a court in New York was entitled to order a judgment debtor to deliver artwork in his possession, under NY. C.P.L.R. 5225, although the artwork was located outside new York, because it had personal jurisdiction over him
  • directing defendant to turn over artwork located outside the state pursuant to CPLR 5225(a)
  • “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.”

Citator

UpLaw has not yet analyzed Starbare II Partners, L. P. v. Sloan. The absence of a flag is not a finding that it is good law.

Cited by
12 opinions

*239 Order, Supreme Court, New York County (Carol Arber, J.), entered May 24, 1994, which granted reargument of an order, same court and Justice, entered April 13,1994, inter alia, denying plaintiff’s motion pursuant to CPLR 5225 insofar as it sought an order directing defendant Stephen Sloan to deliver to the Sheriff of the City of New York certain described artwork in his possession but located elsewhere than 510 Park Avenue, New York, New York, and, upon reargument, inter alia, adhered to that decision, unanimously reversed, on the law, with costs, plaintiff’s motion granted and defendant Stephen Sloan directed to turn over all the described artwork, wherever located. Appeal from the above described order entered April 13, 1994, unanimously dismissed, as moot, without costs.

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 F2d 406, 414; Matter of Newmark v C & C Super Corp., 3 AD2d 823, affd 3 NY2d 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.