New York Statutes

§ 78 — Relief after judgment on obligation constituting trust claim

New York·Law LIE Lien·Art. 3-A Definition and Enforcement of Trusts
§ 78. Relief after judgment on obligation constituting trust claim. If\na trust beneficiary shall recover judgment against the trustee upon the\nobligation constituting the trust claim: (except in the enforcement of a\nlien as provided in articles two and three of this chapter)\n (a) execution upon the judgment shall not be levied upon any trust\nasset;\n (b) to the extent of trust assets affected by proceedings to enforce\nthe judgment, the proceedings shall be deemed to be for the benefit of\nall trust beneficiaries who would, at the time the proceeding is\ninstituted, be entitled to maintain an action to enforce the trust, and\nthe provisions of section seventy-seven of this chapter shall apply in\nany such proceedings.\n

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Related

Cadin Construction Corp. v. Adam Jay Associates
112 A.D.2d 395 (Appellate Division of the Supreme Court of New York, 1985)
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