Aspen Industries, Inc. v. Marine Midland Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Callahan, J.
Appellant-petitioner Aspen Industries, Inc. (Aspen) instituted this proceeding against Marine Midland Bank (Bank) pursuant to the provisions of CPLR 5227, seeking to collect on funds of a judgment debtor on deposit with the Bank. On October 11, 1978, Aspen had served upon the Bank a restraining notice to garnishee pursuant to CPLR 5222. Notwithstanding receipt of the restraining notice, the Bank allowed the account to remain active. Thereafter several deposits were made and the Bank permitted a large number of withdrawals, including the sum of $10,000 which was…
2Cases cited7 opinions
- In re General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd.New York Court of Appeals · 1975
- Industrial Commissioner v. Five Corners Tavern, Inc.New York Court of Appeals · 1979
- Sumitomo Shoji New York, Inc. v. Chemical Bank New York Trust Co.New York Supreme Court · 1965
- Brigham v. McCabeNew York Court of Appeals · 1967
- Mazzuka v. Bank of North AmericaCivil Court of the City of New York · 1967
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clarkson Co. Ltd. v. ShaheenDistrict Court, S.D. New York · 1982
- Gregg v. U.S. Industries, Inc.Court of Appeals for the Eleventh Circuit · 1983
- In Re DavisUnited States Bankruptcy Court, W.D. New York · 1983
- Virgin Islands Bureau of Internal Revenue v. Chase Manhattan Bank, Defendant/third-Party v. William Lansdale, Third-PartyCourt of Appeals for the Third Circuit · 2002
- F. Browne Gregg, Cross-Appellant v. U.S. Industries, Inc., a Delaware Corporation, Cross- F. Browne Gregg, Cross-Appellee v. U.S. Industries, Inc., a Delaware Corporation, CrossCourt of Appeals for the Eleventh Circuit · 1983
1 more not listed; retrieve them via the Exa API.