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MITCHELL v. LYONS PROFESSIONAL SERVICES, INC.

No. 09 Civ. 1587(BMC).

727 F.Supp.2d 120 (2010)

Keesha MITCHELL, Theresa Campbell, Seannette Campbell and Tanisha Selby, Plaintiffs, v. LYONS PROFESSIONAL SERVICES, INC., Richard Trim and Terry Tatum, Defendants.

United States District Court, E.D. New York.

July 29, 2010.

Attorney(s) appearing for the Case

Gary Newlin Rawlins, The Law Offices of Gary N. Rawlins, New York, NY, for Plaintiffs.

Raymond Anthony Giusto, East Islip, NY, for Defendants Lyons Professional, Richard Trim and Christopher Lyons.

Terry Tatum Jamaica, NY, pro se.

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

The question raised is whether, under Fed.R.Civ.P. 69(a), a judgment creditor is required to commence a separate proceeding against an alleged fraudulent transferee or successor to the judgment debtor based upon a state law provision that would require a separate proceeding, or whether the same relief can be obtained by motion in the original federal action. I hold that Federal Rule of Civil Procedure...

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