We reverse the orders of the Law Division releasing the disputed funds to debtor’s former counsel and remand the matter to the Law Division for further proceedings consistent with our opinion.
Slava Kornilov (Kornilov), a New Jersey resident, purchased two diamonds from East West Precious Metals of New York, Inc. (East West) for $245,865. When Kornilov did not receive the diamonds, he filed suit in Bergen County against East West seeking damages and injunctive relief (the New Jersey Action). Kornilov moved for default judgment after East West failed to answer or otherwise move with respect to the complaint. Kornilov’s motion was granted on January 8, 2010, and the court ordered East West to give the diamonds to Kornilov within ten days, failing which Kornilov would be entitled to "place a hold" of $245,865 "[o]n any bank account held by East West in a Constructive Trust [sic] . . . ."
Judge(s): John C. Kennedy
Jurisdiction: New Jersey Superior Court, Appellate Division
Related Categories: Civil Procedure
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Andrew Borsen||Gambourg & Borsen LLC|
|Aarti Bridgelal||Gambourg & Borsen LLC|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Glenn Finkel||Schepisi & McLaughlin PA|
|Christopher Stewart||Schepisi & McLaughlin PA|