April 19, 2016

Jordan R. Pavlus Obtains Decision Granting Leave to Serve Additional Restraining Notices

Jordan R. Pavlus recently obtained a decision granting a judgment creditor/client leave to serve additional restraining notices.  The matter arose from a judgment obtained on behalf of a construction material supplier.  Upon filing the judgment, Mr. Pavlus sent a restraining notice to the judgment debtor’s bank, which had the effect of freezing the account for double the amount of the judgment. The judgment debtor filed an appeal bond pursuant to CPLR section 5519 and the presiding Judge then lifted the account restraint.  After Mr. Pavlus prevailed on the appeal, the judgment debtor still refused to pay the judgment in full.  As a result, Mr. Pavlus filed a motion for leave to serve additional restraining notices, pursuant to CPLR section 5222(c).  The motion was granted and the judgment was collected via an execution to the Sheriff’s Office.