PALA ASSETS HOLDINGS, LTD. v. ROLTA, LLC

Index No. 652798/18, Appeal Nos. 16098-16099-16100-16101, Case Nos. 2021-01838, 2021-01839, 2021-01840, 2021-01841, 2021-03545.

206 A.D.3d 438 (2022)

167 N.Y.S.3d 788

2022 NY Slip Op 03697

Pala Assets Holdings, Ltd., Plaintiff, and Pinpoint Multi-Strategy Master Fund et al., Respondents, v. Rolta, LLC, et al., Appellants.

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

Decided June 7, 2022.


Attorney(s) appearing for the Case

Thompson Hine LLP, Atlanta, GA ( John C. Allerding of the bar of the State of Ohio and the State of Georgia, admitted pro hac vice, of counsel), for appellants.

Kobre & Kim LLP, New York ( Josef M. Klazen of counsel), for respondents.

Concur—Gische, J.P., Webber, Singh, González, Pitt, JJ.


While the turnover orders are modified as indicated above, the court otherwise properly exercised its discretion to issue, under the circumstances here, including the prima facie evidence that defendants have "custody or control" over some cash and other assets, the turnover orders and orders appointing a receiver to effectuate the turnover. Contrary to defendants' arguments, the court has personal jurisdiction over defendants...

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