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BAYERISCHE HYPO-UND VEREINSBANK AG v. DeGIORGIO

2995, 107372/09, 2995A.

74 A.D.3d 492 (2010)

902 N.Y.S.2d 85

BAYERISCHE HYPO-UND VEREINSBANK AG et al., Respondents, v. DOMENICK DeGIORGIO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 8, 2010.

Defendant's rollover of an exempt employee retirement account maintained in his name with plaintiffs to a new IRA account maintained in his name with a nonparty custodian, although made within 90 days of the interposition of plaintiffs' conversion claims, did not constitute a nonexempt "addition" to the new IRA account within the meaning of CPLR 5205 (c) (5). CPLR 5205 (c) (2) exempts from enforcement of money judgments retirement assets "created as a result of rollovers...

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