Plymouth Venture Partners, II, L.P. v. GTR Source, LLC, No. 20-118 (2d Cir. 2021)
Annotate this CaseThe Second Circuit certified the following questions to the New York Court of Appeals: (1) whether a judgment debtor suffers cognizable damages in tort when its property is seized pursuant to a levy by service of execution that does not comply with the procedural requirements of CPLR 5232(a), even though the seized property is applied to a valid money judgment; and, if so (2) whether the judgment debtor can, under these circumstances, bring a tort claim against either the judgment creditor or the marshal without first seeking relief under CPLR 5240.
The court issued a subsequent related opinion or order on October 27, 2022.
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