Bernard D’orazio

Bernard D’orazio

November 13, 2024 | New York Law Journal

Some Interesting Things About Interest

Interest is an “integral part of New York litigation, including judgment enforcement.”There are many intricacies to the rules. This article focuses on the basics every civil litigator should know.

By Bernard D’Orazio

6 minute read

August 07, 2024 | New York Law Journal

Enforcing Money Judgments Against Co-Op Apartments

Judgments may be enforced against any property interest of a judgment debtor, real or personal, tangible, or intangible, unless specifically exempted by law. Thus, co-op apartments, common in New York City, can be reached by a judgment creditor, but there are several issues counsel should consider.

By Bernard D'Orazio

7 minute read

September 20, 2023 | New York Law Journal

A Primer on Poundage Due in Judgment Enforcement Proceedings

An execution is a powerful judgment enforcement tool, but it should be employed cautiously with a full understanding of the right of the sheriff or marshal to collect poundage on a settlement.

By Bernard D'Orazio

6 minute read

January 13, 2023 | New York Law Journal

Right To Seek Appropriate Post-Judgment Discovery From a Judgment Debtor's Lawyer Is Firmly Established

Respectfully, the 'Astraea' ruling is wrong and should not be followed.

By Bernard D'Orazio

3 minute read

December 20, 2021 | New York Law Journal

Creating and Enforcing Judgment Liens on Real Property

The relative ease of beginning a real property execution does not mean this step should be taken in all cases. This article discusses the significant issues to be considered.

By Bernard D'Orazio

14 minute read

January 08, 2021 | New York Law Journal

Threshold Issues in Judgment Enforcement Proceedings When Prosecuting a Non-Party Witness for Contempt

Many judgment debtors ignore post-judgment subpoenas. Whatever the reason, when there is non-compliance the judgment creditor must be ready and willing to commence a contempt of court proceeding.

By Bernard D'Orazio

8 minute read

December 14, 2018 | New York Law Journal

Using a CPLR 5222 Restraining Notice to Freeze Fraudulently Transferred Assets

The technique of serving Restraining Notices to freeze accounts held in the name of third parties provides judgment creditors with a potentially powerful Judgment enforcement tool. As with anything powerful, it should be used carefully and wisely.

By Bernard D'Orazio

7 minute read

June 20, 2017 | New York Law Journal

Statute of Limitations Rules in Fraudulent Transfer Cases

Bernard D'Orazio writes: As any seasoned litigator knows, statute of limitations issues can be difficult and complex—and statute of limitations rules governing fraudulent transfer cases, which in New York arise under Article 10 of the Debtor and Creditor Law, are even more complex than those encountered in garden variety civil litigation.

By Bernard D'Orazio

16 minute read