Leeds v. Guaranty Trust Co.

Motion by plaintiff for an order restraining defendant trust company, pending a final determination of this action, from transferring to defendant Katzenstein the dollar deposit account or securities account maintained with the trust company in Katzenstein’s name. In effect, the action, instituted in 1945, is to determine the rights of adverse claimants to the accounts. It rests upon the plaintiff’s allegation that Katzenstein orally assigned the accounts to him in 1940. Katzenstein categorically denies making the assignment.

*682Subdivision 5 of section 134 of the Banking Law, under which the…