“[T]he law of New York does not and cannot determine the extent to which property located outside the State is subject to execution by a judgment creditor.”
How later courts described this case
- “[T]he law of New York does not and cannot determine the extent to which property located outside the State is subject to execution by a judgment creditor.”
- Memorandum of Law of Mirasco, p. 2
- punitive damages not properly awarded where court levied them based on contempt citations in related proceedings rather than on account of the fraud at issue
- choice of law as to legal consequences of conveyance should be determined by “jurisdiction empowered to deal with the [r]es”
Written by the judges who cited it.
Distinguished
Distinguished by National Auditing Servs. & Consulting, LLC v. Assa, 2023 NY Slip Op 03198 (2023)
James v Powell (19 NY2d 249 [1967]), relied on by Supreme Court, is inapposite because it did not involve CPLR 202 or the statute of limitations.
Appellate Division of the Supreme Court of the State of New YorkJun 13, 20232 citing opinionsRead it
The opinion
Scileppi, J.
(dissenting). I dissent from that part of the majority opinion as deals with the question of punitive damages and holds that they may not be assessed in this case. It is my view that this question should also be remitted to the Supreme Court to make the necessary factual determination prerequisite to awarding punitive damages. To do so on this record, unnecessarily and prematurely precludes plaintiff from developing facts at the new trial, which could conceivably furnish sufficient basis for awarding punitive damages under New York law if plaintiff is successful in proving that the conveyance was fraudulent under Puerto Rican law (see I.H.P. Corp. v. 210 Cent. Park South Corp., 12 N Y 2d 329; Walker v. Sheldon, 10 N Y 2d 401,; Kujek v. Goldman, 150 N. Y. 176 ).
*262 Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.
Judges Van Voorhis, Burke, Scileppi, Bergan and Keating concur; Judge Breitel taking no part.
Order reversed, without costs, and matter remitted to the Supreme Court, New York County, for further proceedings in accordance with the opinion herein.
Judges Van Voorhis, Burice, Bergan and Keating concur with Chief Judge Fuld; Judge Scileppi dissents, in part, in an opinion; Judge Breitel taking no part.