Northville Dock Corp. v. Aller

CourtNew York Court of Appeals
Citation15 N.Y.2d 498,254 N.Y.S.2d 109
Parties, 202 N.E.2d 556 NORTHVILLE DOCK CORPORATION, Appellant, v. Carl L. ALLER et al., Defendants, and Alco Utilities Corp. et al., Respondents.
Decision Date15 October 1964

Appeal from Supreme Court, Appellate Division, Second Department, 15 A.D.2d 947, 226 N.Y.S.2d 313.

Judgment creditor brought action against judgment debtors and third persons to recover damages because of alleged conspiracy of judgment debtors and third persons to deprive the judgment creditor of the lien of its judgment.

The Supreme Court, Trial Term, Nassau County, Thomas P. Farley, J., entered judgment for the judgment creditor, and the third persons appealed.

The Appellate Division reversed the judgment and held that third persons were not liable for damages for allegedly conspiring to deprive the judgment creditor of the lien of the judgment, where assets of the judgment debtors were transferred to the third persons before rendition of the judgment and before the judgment creditor obtained any lien on such assets.

The judgment creditor appealed to the Court of Appeals.

Jeremiah B. Bloom, New York City (Neil Huttner, New York City, of counsel), for plaintiff-appellant.

Samuel Kroland, Rockville Centre, for defendants-respondents.

Judgment affirmed, with costs.

All concur.

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6 cases
  • Burgundy Basin Inn, Ltd. v. Watkins Glen Grand Prix Corp.
    • United States
    • New York Supreme Court — Appellate Division
    • February 13, 1976
    ...v. Kane, 244 N.Y. 395, 397, 155 N.E. 683, 684; Northville Dock Corp. v. Aller, 15 A.D.2d 947, 226 N.Y.S.2d 313, affd. 15 N.Y.2d 498, 254 N.Y.S.2d 109, 202 N.E.2d 556). Nor does it matter that a reversal of the order under review would overrule a prior order of special term which decided ess......
  • James v. Powell
    • United States
    • New York Supreme Court — Appellate Division
    • January 18, 1966
    ...property from a judgment debtor has come by it honestly, no common law cause of action lies against him (Northville Dock Corp. v. Aller, 15 N.Y.2d 498, 254 N.Y.S.2d 109, 202 N.E.2d 556). That this has no bearing and certainly no adverse effect on the proposition that a cause of action lies ......
  • Federal Deposit Ins. Corp. v. Porco
    • United States
    • New York Supreme Court — Appellate Division
    • February 28, 1989
    ...v. Thaw, 262 App.Div. 861, 28 N.Y.S.2d 461; Northville Dock Corp. v. Aller, 15 A.D.2d 947, 226 N.Y.S.2d 313, aff'd 15 N.Y.2d 498, 254 N.Y.S.2d 109, 202 N.E.2d 556; see also, dissent of Witmer, J. in James v. Powell, 25 A.D.2d 1, 5, 266 N.Y.S.2d 245, appeal dismissed, 17 N.Y.2d 812, 271 N.Y.......
  • Federal Deposit Ins. Corp. v. Porco
    • United States
    • New York Court of Appeals Court of Appeals
    • February 13, 1990
    ...v. Murkoff, 120 A.D.2d 122, 131, 508 N.Y.S.2d 17; Northville Dock Corp. v. Aller, 15 A.D.2d 947, 226 N.Y.S.2d 313, affd 15 N.Y.2d 498, 254 N.Y.S.2d 109, 202 N.E.2d 556), a creditor's remedy for the transfer of its debtor's assets, where undertaken prior to a judgment on the debt, is still t......
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