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Amy Friedman v. Fidelity Brokerage Services, Inc., and Other Fidelity Entities, Real Names Unknown Fidelity Service Corporation National Financial Services Corporation

Citations: 56 F.3d 866; 1995 U.S. App. LEXIS 10163Docket: 94-3433

Court: Court of Appeals for the Eighth Circuit; May 8, 1995; Federal Appellate Court

Narrative Opinion Summary

Amy Friedman appealed a district court's judgment regarding her attempt to recover funds that Fidelity Investments had turned over to the State of New York under a tax levy. Friedman contended that Fidelity should not have complied with the levy since the funds were in a Massachusetts account and outside New York's jurisdiction. The Eighth Circuit Court of Appeals, examining Friedman's claims, found her arguments on jurisdiction to be unfounded. The court upheld the district court's decision, stating that New York Civil Practice Law and Rules Section 5209 provides defendants with a complete defense against liability in such cases. Consequently, the court affirmed the lower court's ruling.

Legal Issues Addressed

Defense Against Liability Under New York Civil Practice Law and Rules Section 5209

Application: The court held that under New York Civil Practice Law and Rules Section 5209, Fidelity Investments had a complete defense against liability for complying with the tax levy.

Reasoning: The court upheld the district court's decision, stating that New York Civil Practice Law and Rules Section 5209 provides defendants with a complete defense against liability in such cases.

Jurisdiction of Tax Levies

Application: The court examined the jurisdictional claims and found that the location of the funds in a Massachusetts account did not exempt them from a New York tax levy.

Reasoning: Friedman contended that Fidelity should not have complied with the levy since the funds were in a Massachusetts account and outside New York's jurisdiction.