Matter of CPS 227 LLC v. Brody

Appellate Division of the Supreme Court of New York

Matter of CPS 227 LLC v. Brody

140 A.D.3d 479, 31 N.Y.S.3d 883

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 9, 2016

Docket1428 652566/15

StatusPublished

This text of 140 A.D.3d 479 (Matter of CPS 227 LLC v. Brody) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of CPS 227 LLC v. Brody, 140 A.D.3d 479, 31 N.Y.S.3d 883 (N.Y. Ct. App. 2016).

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Opinion

Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered November 13, 2015, which granted the petition seeking a turnover of assets and an appointment of a receiver, unanimously dismissed, without costs.

Petitioner judgment creditor sought to satisfy a judgment entered in its favor against respondent judgment debtor by attaching the judgment debtor’s membership interests in the respondent LLCs. After the order on appeal was issued, and after this Court affirmed the underlying judgment against the judgment debtor (CPS 227 LLC v Brody, 135 AD3d 607 [1st Dept 2016]), the judgment debtor paid the judgment in full. Ac *480 cordingly, the issues raised on appeal are moot, since no property of the judgment debtor remains subject to execution. That the judgment debtor may eventually face collateral consequences of the order on appeal does not warrant an exception to the mootness doctrine, as he is a respondent on this appeal but has not submitted a brief.

Concur — Mazzarelli, J.P., Acosta, Saxe, Kapnick and Kahn, JJ.

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Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered November 13, 2015, which granted the petition seeking a turnover of assets and an appointment of a receiver, unanimously dismissed, without costs.

Petitioner judgment creditor sought to satisfy a judgment entered in its favor against respondent judgment debtor by attaching the judgment debtor’s membership interests in the respondent LLCs. After the order on appeal was issued, and after this Court affirmed the underlying judgment against the judgment debtor (CPS 227 LLC v Brody, 135 AD3d 607 [1st Dept 2016]), the judgment debtor paid the judgment in full. Ac *480 cordingly, the issues raised on appeal are moot, since no property of the judgment debtor remains subject to execution. That the judgment debtor may eventually face collateral consequences of the order on appeal does not warrant an exception to the mootness doctrine, as he is a respondent on this appeal but has not submitted a brief.

Concur — Mazzarelli, J.P., Acosta, Saxe, Kapnick and Kahn, JJ.

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Bluebook (online)

140 A.D.3d 479, 31 N.Y.S.3d 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-cps-227-llc-v-brody-nyappdiv-2016.

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