First National City Bank v. De Mar

This is a motion brought on by an order to show cause for an order vacating a restraining notice and information subpoena previously served by the judgment creditor upon the Marine Midland Bank in which bank the judgment debtor has a checking account. The vacatur is sought because of the contention by the judgment debtor that the funds sought to be restrained are part of a trust, and hence not available to the judgment creditor.

The judgment debtor had previously issued checks to a tenants’ committee known as steering committee 3, which checks were eventually to be turned over to the judgment…