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Bank Leumi Trust Company of New York v. Liggett

Appellate Division of the Supreme Court of New York

496 N.Y.S. 2d 14 (1985)

Relevant factsFree

After Joseph Liggett transferred a home to his second wife's name, his first wife, Helen Liggett (defendant), won large judgments against him and filed a notice of pendency alleging the transfer was fraudulent. Bank Leumi (plaintiff) later took three mortgages on the home, and Cosden Oil (defendant) separately won a judgment against Joseph. After Helen obtained partial summary judgment on her fraudulent-conveyance claim, the home was ordered sold with proceeds distributed under New York's statutory judgment-creditor priority scheme, and Bank Leumi sought a declaration that its mortgages outranked Cosden's later judgment; the Special Term denied that request, and Bank Leumi appealed.

IssueFree

Whether a court may direct foreclosure-sale proceeds to a party with a superior lien interest ahead of a judgment creditor who would ordinarily take first under the statutory priority scheme.

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