Dougenis v. J.P. Morgan Chase Bank

• Decision Date: 29 November 2022
• Docket Number: Index No. 159089/2022,Motion Seq. No. 001
• Citation: 2022 NY Slip Op 34031 (U)
• Parties: MIRIAM DOUGENIS Petitioner/Judgment-Creditor, v. J.P. MORGAN CHASE BANK, N.A., Respondent/Garnishee.
• Court: New York Supreme Court

2022 NY Slip Op 34031(U)

MIRIAM DOUGENIS Petitioner/Judgment-Creditor, v. J.P. MORGAN CHASE BANK, N.A., Respondent/Garnishee.

Index No. 159089/2022, Motion Seq. No. 001

Supreme Court, New York County

November 29, 2022

Unpublished Opinion

DECISION + ORDER ON MOTION

ANDREW BORROK, J.S.C.

HON ANDREW BORROK: The following e-filed documents, listed by NYSCEF document number (Motion 001) 10, 12, 13, 14, 15, 16 17 were read on this motion for a TURNOVER PROCEEDING

Upon the foregoing documents, the Petitioner's motion is granted as unopposed to the extent that (i) after the satisfaction of any unpaid taxes or debts legally entitled to priority over the unsatisfied judgments, Petitioner may seek a turnover of any amounts remaining in the J.P. Morgan Chase Bank, N. A. (Chase) accounts in the name of the now deceased judgment debtor, Peter Marcelle (the Decedent) and (ii) where the remaining amounts in the Chase accounts do not cover Petitioner's unsatisfied judgments against the Decedent, Petitioner may seek a turnover of any other property belonging to the Decedent after any such property has satisfied any unpaid taxes or debts legally entitled to priority over the unsatisfied judgments. The branch of the motion seeking leave to serve the attorney of the Decedent's executor, Ms McCormick, by email is denied for failure to show that conventional means of service are impracticable.

Relevant Facts

Petitioner commenced this turnover proceeding to satisfy two outstanding judgments against the Decedent. The first of Petitioner's unsatisfied judgments against the Decedent is for $30,130.53 together with interest from July 9, 2020. The second unsatisfied judgment is for attorney's fees in favor of Petitioner for $56,345.21, together with interest from November 30, 2021. Petitioner has offered an affidavit from a related proceeding where Ms. McCormick attested that the Decedent "had a bank account with Chase . . . [which, as of] March 4, 2022 . . . contained $212,055.09" (NYSCEF Doc. No. 8, ¶ 12). Petitioner states that the amount in the Chase account is likely more than adequate to cover the unsatisfied judgments (NYSCEF Doc. No. 1, ¶ 23; the Petition). The Petition also identifies the Decedent's undeposited Merrill Lynch check for over $100,000.00 (Id., ¶23).

The Petition states that the estate may owe debts such as unpaid taxes or debts legally entitled to preference over the unsatisfied judgments (NYSCEF Doc. No. 9, at 4-5). For instance, the Petition identifies $40,000.00 to $50,000.00 in New York State taxes owed by the estate (NYSCEF Doc. No. 1, ¶ 25). That said, the Petition also states that Petitioner is unaware of any other debts owed by the estate (NYSCEF Doc. No. 9, at 5).

Petitioner seeks: (a) a turnover of funds in the Decedent's Chase account sufficient to satisfy the unsatisfied judgments against the Decedent, (b) an order allowing the judgment creditor to enforce or collect on the unsatisfied judgment against the Decedent and (c) leave to permit service upon Ms. McCormick's attorney via email and consider such service sufficient under CPLR 5225(b).

Discussion

Pursuant...