November 13, 2024 | New York Law Journal
Some Interesting Things About InterestInterest 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 ApartmentsJudgments 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 ProceedingsAn 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 EstablishedRespectfully, 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 PropertyThe 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 ContemptMany 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 AssetsThe 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 CasesBernard 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
Trending Stories