Mitchell v. Garrison Protective Servs., Inc., No. 15-2137 (2d Cir. 2016)
Annotate this CaseThis case originated in a sex‐discrimination lawsuit by plaintiffs against their former employer, Lyons. Interested party-appellant Garrison appealed various factual determinations made by the district court in granting a motion to enforce a judgment. The court concluded that the district court properly construed plaintiffs’ motion pursuant to New York Civil Practice Law and Rules 5225 as a plenary action pursuant to New York’s substantive law of fraudulent transfers. In this case, the district court found that the book of business at issue was in fact transferred to Garrison, that the book of business was worth at least $300,000, that it originally belonged to LPS (not Lyons), and that LPS itself received no consideration for the transfer. The court concluded that the district court did not err, much less clearly err, in making these factual findings.
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