415 East 52nd Street Associates v. Oppenheimer & Co.

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about September 12, 1994, which granted petitioner’s application and ordered the parties to settle a judgment directing respondent garnishee. Oppenheimer & Co., Inc. to pay over monies in the Individual Retirement Account ("IRA”) custodial account of respondent judgment debtor James B. Mintzer, is unanimously reversed, on the law, and the application is denied, without costs.

In granting the within petition, the IAS Court, after voicing strong reluctance, felt constrained to rely on Matter of Bank Leumi Trust Co. v Dime…