Lee N. Koehler v. the Bank of Bermuda Limited

Summary

The New York Court of Appeals answered a certified question from the Second Circuit affirmatively, holding that a New York court with personal jurisdiction over a garnishee may issue a turnover order under CPLR 5225(b) requiring the garnishee to deliver assets located outside New York. The Court distinguished post‑judgment enforcement, which is based on personal jurisdiction over a person, from attachment, which requires jurisdiction over the property itself, and relied on statutory language and First Department precedent. A dissent warned that the majority's expansive view raises due‑process and policy concerns.