Bank of New York v. Triangle Meat & Provisions Corp.

On the court’s own motion, its decision and order, both dated June 8,1981 (82 AD2d 815), are recalled and vacated, and the following substituted decision is rendered. Appeal by the Bank of New York (hereinafter the bank) from an order of the Supreme Court, Westchester County (Cerrato, J.), dated July 9, 1980, nunc pro tunc as of April 26, 1979, which, inter alia, denied its motion to impound chattels scheduled for a Sheriff’s sale. Order modified by deleting the third decretal paragraph and substituting therefor a provision directing Greenwood Packing Corp. (hereinafter Greenwood) to deposit…