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MAJTELES v. AVL CORP.

182 Misc.2d 140 (1999)

696 N.Y.S.2d 748

DAVID MAJTELES, Individually and as Representative of All Creditors of AVL CORPORATION, Plaintiff, v. AVL CORPORATION et al., Defendants.

Supreme Court, Kings County.

August 23, 1999.

Attorney(s) appearing for the Case

Jeffrey Mintz, New York City, for plaintiff.

Jeffrey M. Zalkin, Hempstead, for defendants.

OPINION OF THE COURT

HERBERT KRAMER, J.

May a judgment creditor proceed in State court for a turnover of funds allegedly fraudulently transferred into a pension plan organized under the Employee Retirement Income Security Act of 1974 (Pub L 93-406, tit 1 [ERISA]) whose provisions prohibit the assignment or alienation of benefits (29 USC § 1056 [d] [1])?

Plaintiff seeks to enforce a money judgment...

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