Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

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)


After purchasing a home in 1974, Joseph and Mylene Liggett executed a transfer of the property to Mylene’s name only. Thereafter, Helen Liggett (defendant), Joseph’s first wife, was awarded a judgment of $388,472 against Joseph in connection with their 1970 separation agreement. In 1980, Helen brought suit to enforce the judgment against Joseph. During the proceedings, Helen argued that the conveyance of the home to Mylene was fraudulent. In connection with the suit, Helen filed a notice of pendency against the home. A month later, Helen was awarded a $508,129 judgment against Joseph. Thereafter, Bank Leumi Trust Company of New York (Bank Leumi) (plaintiff) took out three mortgages on the home to secure various loans. Additionally, in 1982, Cosden Oil & Chemical Company (Cosden) (defendant) won a judgment against Joseph in the amount of $144,154. The following year, Helen was granted partial summary judgment in her 1980 action based on fraudulent conveyance. As a result, the home was to be sold by judicial sale, and the proceeds would be distributed to judgment creditors according to their priority based on New York Civil Practice Law and Rules (CPLR) § 5236(g). Bank Leumi filed a motion requesting a declaration from the Special Term of the Supreme Court of New York that Bank Leumi’s three mortgages would take priority over any later judgments in the distribution of the proceeds from the sale of the home. The Special Term denied Bank Leumi’s request for a declaration of priority over Cosden’s interests in the proceeds. Bank Leumi appealed.

Rule of Law


Holding and Reasoning

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 367,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.