SHERMAN v. KIRSHMAN

No. 63 Civ. 461.

261 F.Supp. 858 (1966)

SHERMAN v. KIRSHMAN et al.

United States District Court S. D. New York.

October 28, 1966.


Attorney(s) appearing for the Case

Eisman, Lee, Corn, Sheftel & Bloch, New York City, for plaintiff.

Max Goldstone, New York City, for defendant.


COOPER, District Judge.

Pursuant to Rule 69, F.R.Civ.P., plaintiff moves to satisfy a judgment by executing on defendant's remainder interest in a trust. Motion granted.

New York Civil Practice Law and Rules, Sec. 5205(d) precludes a creditor from reaching and disrupting trust assets in order to satisfy a judgment of record. However, this does not prevent a judgment creditor from seizing the beneficiary's remainder interest under the trust. See Bergmann v...

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