Jeremy Berman Gets A Restraining Notice Vacated
Friday, February 23, 2024
In Colonial Funding Network, Inc. v. Swift Health Care, Inc., et al., Index 654647/2016, Supreme Court, New York County, Jeremy Berman secured an order vacating a restraining notice on a company’s bank account and vacating an approximately 6-year-old default judgment upon which the restraining notice was based. The court reasoned that the purported service of process made over seven years earlier, that led to the judgment, did not comply with New York law and thus the Court had lacked jurisdiction when it entered the judgment. The Court therefore vacated the judgment and all of plaintiff’s efforts to enforce it, including the restraining notice on the company’s bank account.