Miller v. Doniger
814 N.Y.S.2d 141
N.Y. App. Div.
2006
Check Treatment

ROGER MILLER et al., Respondents, v DEBORAH HARI DONIGER, as Trustee of Trust for Benefit of REBEKAH DONIGER, et al., Appellants.

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

814 NYS2d 141; 28 A.D.3d 405

ROGER MILLER et al., Respondents, v DEBORAH HARI DONIGER, as Trustee of Trust for Benefit of REBEKAH DONIGER, et al., Appellants. [814 NYS2d 141]

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered on or about November 22, 2005, which, inter alia, directed defendants to turn over to the Sheriff of New York County certain out-of-state accounts, unanimously affirmed, with costs.

Defendant William Doniger, plaintiffs’ judgment debtor (see

), was properly directed to turn over his out-of-state Wachovia account to the Sheriff of New York County (CPLR 5225 [a]; see
). The court also properly directed that certain specified out-of-state accounts transferred by William Doniger to his family members, named defendants herein who hold the accounts either in trust or individually, be turned over to the Sheriff, the evidence showing that plaintiffs have a superior right to at least a portion of the assets in these accounts (CPLR 5225 [b]; see
;
). Such superior rights are derived from William Doniger‘s presumptive fraudulent transfer of nearly all his assets beginning in or about 1994, when plaintiffs commenced their first action for fraud against him (Debtor and Creditor Law §§ 273, 273-a, 276; see
). We have considered defendants’ remaining arguments and find them to be without merit. Concur—Andrias, J.P., Saxe, Williams, Sweeny and McGuire, JJ.