FOR IMMEDIATE RELEASE
September 2, 2022
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB NEW YORK GRANTED PETITION IN SPECIAL PROCEEDING TO
TURN OVER FUNDS IN BANK ACCOUNT TO SATISFY
LARGE COMMERCIAL JUDGMENT
NEW YORK ― QPWB attorneys, James G. Snashall and Jeffrey D. Brown, from the firm’s New York office, were able to docket a judgment obtained in Iowa, in the state of New York, and then recover the entire judgment balance.
The underlying judgment breached a contract action against a large multinational company headquartered in New York. The underlying action was venued in Iowa pursuant to the contract’s forum selection clause. Once judgment was obtained in Iowa, the judgment was docketed in the State of New York pursuant to CPLR § 5402.
Through information subpoenas and investigation, QPWB identified and restrained the debtor’s bank account. The bank initially refused to turn over the funds without a court order and asserted that the account was a Florida bank account and thus outside the reach of a New York Court.
QPWB commenced a special proceeding and was able to successfully argue that the funds should be ordered to be released to the judgment creditor in order to satisfy the outstanding judgment under CPLR § 5225(b) and the Court of Appeals holding in Koehler v. Bank of Bermuda, Ltd. 883, N.Y.S.2d 763, 763 (2009).
# # #
James G. Snashall is a partner in the New York office. In addition to his extensive trial experience, Mr. Snashall was formerly Vice President and General Counsel at JP Morgan Chase Bank handling multi state lender and mortgage liability claims and defending various consumer protection regulation claims.
Jeffrey D. Brown is an associate in the New York office representing financial institutions in commercial litigation matters. Mr. Brown has experience in identifying assets and sources of income in complex cases and enforcing and domesticating judgments in the states of New York and New Jersey.
QPWB is the largest minority and woman owned law firm in the nation. Our lawyers provide representation in litigation, business, real estate and governmental law.