Bloomfield Investment Resources Corp v. Daniloff

Background

Bloomfield Investment Resources Corp. asked the court to enter an additional proposed writ of execution against Elliot Daniloff for $33,409,179. A writ of execution is a court order used to enforce a judgment by directing an official to seize property connected to the judgment debtor. Bloomfield sought to have the U.S. Marshal enforce the existing judgment by seizing the Coleridge Property, located at 11 Coleridge Street, Brooklyn, New York, which the opinion says Daniloff jointly owns.

The Marshal instructed Bloomfield to submit an additional writ containing language from the Marshal’s guidance concerning private seizures and evictions. That language would authorize the Marshal to seize the property and to evict residents or arrest individuals who obstructed the seizure.

Defendant’s objection

Daniloff opposed entry of the additional proposed writ. He argued that Article 52 of New York’s Civil Practice Law and Rules did not permit a judgment creditor to obtain a summary eviction by force, particularly because his mother and nephew currently reside at the property.

Court’s ruling

Judge Victor Marrero rejected Daniloff’s argument. The court explained that the cited provisions of Article 52 did not support barring the writ. Under New York Civil Practice Law and Rules § 5230, a creditor seeking a writ of execution must show that the judgment debtor has an interest in the property. The court found that Bloomfield made that showing and recorded an abstract of judgment with the Kings County Clerk, where the property is located.

The court held that the writ of execution was procedurally proper and complied with § 5230. It ordered that the requested supplemental order be entered to assist with the already entered writ of execution.