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Friedman v. Fidelity Brokerage Services, Inc.

Citations: 56 F.3d 866; 1995 WL 325160Docket: No. 94-3433

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

Narrative Opinion Summary

Amy Friedman appeals the district court's judgment regarding her attempt to recover funds that Fidelity Investments transferred to the State of New York under a tax levy. Friedman contends that Fidelity should not have complied with the levy since the funds were held in a Massachusetts account, arguing that they were not "within the jurisdiction of the State of New York." However, the court finds that Friedman's jurisdictional arguments lack merit. It concludes that New York Civil Practice Law and Rules § 5209 provides defendants with a complete defense against liability in such cases. Consequently, the district court's decision is affirmed.

Legal Issues Addressed

Defense Against Liability under New York Civil Practice Law and Rules § 5209

Application: The court affirmed the district court's decision, recognizing that under NY CPLR § 5209, defendants like Fidelity have a complete defense against liability when complying with tax levies.

Reasoning: It concludes that New York Civil Practice Law and Rules § 5209 provides defendants with a complete defense against liability in such cases.

Jurisdictional Challenges in Tax Levy Compliance

Application: The court addressed Amy Friedman's challenge to the jurisdictional reach of a New York tax levy, rejecting her argument that funds held in a Massachusetts account were outside New York's jurisdiction.

Reasoning: Friedman contends that Fidelity should not have complied with the levy since the funds were held in a Massachusetts account, arguing that they were not 'within the jurisdiction of the State of New York.'