Legal Opinion
Plymouth Rock Fuel Corp. v. Bank of New York
Appellate Terms of the Supreme Court of New York
Decided October 18, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment and order of the court below (see 91 Mise 2d 837) affirmed, without costs.
Respondent appeals from a judgment directing it to pay over to petitioner judgment creditor certain assets belonging to the judgment debtor (see CPLR 5227). Some of these assets are held by respondent as custodian under a "Keogh” profit-sharing plan.
On this appeal, respondent contends that the "Keogh” plan assets are exempt from garnishment, levy, or execution by general creditors by reason of section 401 (subd [a], par [13]) of the Internal Revenue Code which prohibits assignment…
2Cases cited1 opinion
- National Bank of North America v. International Brotherhood of Electrical Workers Local No. 3Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by3 opinions
- In Re MastroeniUnited States Bankruptcy Court, S.D. New York · 1986
- Abrahams v. New York State Tax CommissionNew York Supreme Court · 1986
- Sochor v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1982