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PLYMOUTH VENTURE PARTNERS, II v. GTR SOURCE, LLC

Nos. 20-118; 20-850 August Term 2021.

988 F.3d 634 (2021)

PLYMOUTH VENTURE PARTNERS, II, L.P., Plymouth Management Company in their capacities as receivers for FutureNet Group, Inc., Plaintiffs-Appellants, v. GTR SOURCE, LLC, Stephen W. Biegel, in his capacity as New York City Marshal, Badge No. 27, Defendants-Appellees. Plymouth Venture Partners, II, L.P., Plymouth Management Company in their capacities as receivers for FutureNet Group, Inc., Plaintiffs-Appellants, v. Capital Merchant Services, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 23, 2021.

Attorney(s) appearing for the Case

Shane R. Heskin , White and Williams LLP, New York, NY, for Plaintiffs-Appellants Plymouth Venture Partners, II, L.P. and Plymouth Management Company, in their capacities as receivers for FutureNet Group, Inc.

Ryan K. Cummings ( James Zawodzinski, Jr. , on the brief), Hodgson Russ LLP, Buffalo, NY, for Defendant-Appellee GTR Source, LLC.

Andrew P. Schriever ( Troy D. Lipp , on the brief), Cuddy & Feder LLP, White Plains, NY, for Defendant-Appellee Stephen W. Biegel, in his capacity as New York City Marshal, Badge No. 27.

Christopher R. Murray , Stein Adler Dabah & Zelkowitz, LLP, New York, NY, for Defendant-Appellee Capital Merchant Services, LLC.

Before: Walker, Sack, and Sullivan, Circuit Judges.

These cases present an unresolved question of New York law: whether a judgment debtor suffers cognizable tort damages when a judgment creditor has a marshal or sheriff seize the judgment debtor's property pursuant to a valid money judgment, but the levy by service of execution does not comport with the service...

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