Tire Eng’g and Distrib., L.L.C., et al. v. Bank of China Ltd.

These appeals challenged two orders entered in the district court holding that the separate entity rule precludes a court from ordering a garnishee bank with branches in New York to turn over or restrain assets of judgment debtors held in foreign branches of the bank. Because these appeals presented unresolved questions that implicate significant New York state interests and were determinative of these appeals, the court reserved decision and certified two questions to the New York Court of Appeals: (1) whether the separate entity rule precluded a judgment creditor from ordering a garnishee bank operating branches in New York to turn over a debtor's assets held in foreign branches of the bank; and (2) whether the separate entity rule precludes a judgment creditor from ordering a garnishee bank operating branches in New York to restrain a debtor's assets held in foreign branches of the bank. View "Tire Eng'g and Distrib., L.L.C., et al. v. Bank of China Ltd." on Justia Law