Legal Opinion

West Harlem Pork Center, Ltd. v. Empire National Bank

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1978PublishedCited by 3 opinions

1Opinion of the Court

In a special proceeding by a judgment creditor pursuant to CPLR 5222 to compel respondent to turn over moneys on deposit belonging to the judgment debtor, petitioner appeals from a judgment of the Supreme Court, Rockland County, entered October 6, 1976, which denied the application. Judgment affirmed, without costs or disbursements. Special Term correctly determined that the respondent bank’s right to set off the amount of the judgment debtor’s deposit against the outstanding balance of its loan to him was superior to the restraining notice served upon the bank by the judgment creditor…

2Cases cited1 opinion

  1. Industrial Commissioner v. South Shore Amusements, Inc.Appellate Division of the Supreme Court of the State of New York · 1976

3Cited by3 opinions

  1. Aspen Industries, Inc. v. Marine Midland BankNew York Court of Appeals · 1981
  2. Aspen Industries, Inc. v. Marine Midland BankAppellate Division of the Supreme Court of the State of New York · 1980
  3. Pisane v. FeigNew York Supreme Court · 2013

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