Koehler v. Bank of Bermuda Ltd., No. 05-2378 - U.S. Second Circuit
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Koehler v. Bank of Bermuda Ltd., No. 05-2378

In a proceeding to enforce a default judgment, denial of petitioner's motion seeking an order and requiring respondent to deliver to petitioner certain stock certificates is vacated where a court sitting in New York may order a bank over which it has personal jurisdiction to deliver stock certificates owned by a judgment debtor (or cash equal to their value) to a judgment creditor, pursuant to N.Y. C.P.L.R. Article 52, when those stock certificates are located outside New York.

Read Koehler v. Bank of Bermuda Ltd., No. 05-2378

Appellate Information

Argued: February 29, 2008

Decided: August 20, 2009

Judges

Per Curiam

Counsel

For Appellant:

Brian G. West, Towson, MD

For Appellee:

Daniel B. Rapport, Friedman Kaplan Seiler & Adelman LLP, New York, NY

Robert J. Lack, Friedman Kaplan Seiler & Adelman LLP, New York, NY