Matter of Zohlman v. Zoldan

Appellate Division of the Supreme Court of New York

Matter of Zohlman v. Zoldan

132 A.D.3d 568, 17 N.Y.S.3d 870

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

DecidedOctober 22, 2015

Docket15951 603619/07

StatusPublished

This text of 132 A.D.3d 568 (Matter of Zohlman v. Zoldan) 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.

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Matter of Zohlman v. Zoldan, 132 A.D.3d 568, 17 N.Y.S.3d 870 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered May 4, 2011, after a nonjury trial, awarding petitioner damages against respondent, unanimously affirmed, with costs.

In this turnover proceeding brought pursuant to CPLR 5225 (b), petitioner judgment creditor seeks to collect from respondent, the judgment debtor’s wife, distributions that she received in connection with a real estate development venture. A fair interpretation of the evidence adduced at trial supports the court’s conclusion that 75% of those distributions were attributable to the work on the venture performed by the judgment debtor but were distributed to respondent as part of a contrivance to shelter the judgment debtor’s income from creditors like petitioner (see Matter of Federal Deposit Ins. Corp. v Conte, 204 AD2d 845 [3d Dept 1994]). As the judgment debtor had an equitable interest in that share of the distributions paid to respondent, the award to petitioner to be applied to the remaining unpaid balance of the judgment owed him by the judgment debtor is appropriate.

We have considered respondent’s remaining arguments and find them unavailing.

Concur — Sweeny, J.R, Renwick, Saxe and Gische, JJ.

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Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered May 4, 2011, after a nonjury trial, awarding petitioner damages against respondent, unanimously affirmed, with costs.

In this turnover proceeding brought pursuant to CPLR 5225 (b), petitioner judgment creditor seeks to collect from respondent, the judgment debtor’s wife, distributions that she received in connection with a real estate development venture. A fair interpretation of the evidence adduced at trial supports the court’s conclusion that 75% of those distributions were attributable to the work on the venture performed by the judgment debtor but were distributed to respondent as part of a contrivance to shelter the judgment debtor’s income from creditors like petitioner (see Matter of Federal Deposit Ins. Corp. v Conte, 204 AD2d 845 [3d Dept 1994]). As the judgment debtor had an equitable interest in that share of the distributions paid to respondent, the award to petitioner to be applied to the remaining unpaid balance of the judgment owed him by the judgment debtor is appropriate.

We have considered respondent’s remaining arguments and find them unavailing.

Concur — Sweeny, J.R, Renwick, Saxe and Gische, JJ.

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Bluebook (online)

132 A.D.3d 568, 17 N.Y.S.3d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-zohlman-v-zoldan-nyappdiv-2015.

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