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KOEHLER v. BANK OF BERMUDA

12 N.Y.3d 533 (2009)

LEE N. KOEHLER, Appellant, v. THE BANK OF BERMUDA LIMITED, Respondent.

Court of Appeals of New York.

Decided June 4, 2009.

Attorney(s) appearing for the Case

Paul F. Newhouse, of the Maryland bar, admitted pro hac vice, for appellant.

Friedman Kaplan Seiler & Adelman LLP, New York City (Daniel B. Rapport, Robert J. Lack and Jason C. Rubinstein of counsel), for respondent.

Sullivan & Cromwell LLP, New York City (H. Rodgin Cohen, Bruce E. Clark, Michael M. Wiseman, Daniel A. Goldschmidt and Norman R. Nelson of counsel), for Clearing House Association L.L.C., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK and GRAFFEO concur with Judge PIGOTT; Judge SMITH dissents and votes to answer the certified question in the negative in a separate opinion in which Judges READ and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

The United States Court of Appeals for the Second Circuit, by certified question, asks us to decide whether a court sitting in New York may order a bank over which it has personal jurisdiction to deliver stock certificates owned by a judgment debtor (or cash equal to their value) to a judgment creditor, pursuant to CPLR article 52, when those stock certificates are located...

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