Intangible Personal Property can be Subject to Attachment under CPLR 6201

Hotel 71 Mezz Lender LLC v Falor, 2010 NY Slip Op 01348 (Ct. App., 2010)

The primary issue before the Court is whether the intangible personal property plaintiff sought to attach, i.e., defendants’ ownership/membership interests in various out-of-state business entities, was subject to attachment under CPLR article 62. We conclude that the issuance of an order of attachment in New York on defendant Guy T. Mitchell, the nondomiciliary garnishee of defendants’ intangible personal property, who voluntarily submitted to personal jurisdiction in New York, was appropriate.

We further hold that Supreme Court did not abuse its discretion in appointing a receiver pursuant to CPLR 5228

It’s a long decision.  I’ll add more later.  The bold is mine.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: