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PLYMOUTH VENTURE v. GTR LLC

No. 73.

37 N.Y.3d 591 (2021)

183 N.E.3d 1185

163 N.Y.S.3d 467

2021 NY Slip Op 07055

PLYMOUTH VENTURE PARTNERS, II, L.P., et al., Appellants, v. GTR SOURCE, LLC, et al., Respondents. PLYMOUTH VENTURE PARTNERS, II, L.P., et al., Appellants, v. CAPITAL MERCHANT SERVICES, LLC, Respondent.

Court of Appeals of New York.

Decided December 16, 2021.

Attorney(s) appearing for the Case

White and Williams LLP, New York City ( Shane R. Heskin and Stuart J. Wells of counsel), for appellant.

Hodgson Russ LLP, Buffalo ( Ryan K. Cummings and James J. Zawodzinski, Jr. of counsel), for GTR Source, LLC, respondent.

Stein Adler Dabah & Zelkowitz, LLP, New York City ( Christopher R. Murray of counsel), for Capital Merchant Services, LLC, respondent.

Cuddy & Feder LLP, White Plains ( Andrew P. Schriever and Troy Lipp of counsel), for Stephen W. Biegel, respondent.

Rivkin Radler LLP, Uniondale ( Henry M. Mascia , Cheryl F. Korman and Max Gershenoff of counsel), for New York State Creditors Bar Association, amicus curiae.

OPINION OF THE COURT

In two cases brought in federal court, a judgment debtor asserted tort claims against its judgment creditors and a New York City marshal based upon violations of the CPLR article 52 service requirements allegedly committed in the execution of valid judgments issued by New York courts. Uncertainty as to the...

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