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COHEN GOLDSTEIN, LLP v. SCHLACHET

Index No. 652380/20. Appeal No. 14736. Case No. 2021-02349.

200 A.D.3d 407 (2021)

154 N.Y.S.3d 778

2021 NY Slip Op 06751

Cohen Goldstein, LLP, Appellant, v. David Schlachet, Respondent.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Cohen Goldstein, LLP, New York ( Glenn S. Goldstein of counsel), for appellant.

Andruzzi & Law, Bethpage ( Joseph C. Andruzzi of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

The court dismissed all of plaintiff's claims under the Debtor and Creditor Law on the ground that the deceased judgment debtor's (Lara Prychodko) individual retirement account (IRA), which named her and defendant's son as beneficiary, was exempt from execution by a creditor (such as plaintiff) after her death. CPLR 5205(c)(2) exempts from application to the satisfaction of a money judgment "all ... custodial accounts... established...

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