Wallace v. Union Bank

Order, Supreme Court, New York County (Elliott Wilk, J.), entered March 9, 2001, which, inter alia, granted respondent garnishee bank’s motion for summary judgment dismissing the petition brought pursuant to CPLR article 52, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about March 1, 2000, unanimously dismissed, without costs, as superseded by the appeal from the subsequent order.

In this proceeding brought by a judgment creditor against a bank garnishee seeking damages for violation of a restraining notice, the motion court correctly determined…