Mendel v. Chervanyou

OPINION OF THE COURT

David Friedman, J.

Three proceedings involving CPLR article 52 have simultaneously come before the court. These proceedings are Mendel *1057v Chervanyou, Matter of J T J L, Inc. v Little, and finally Citibank v Citibank.

I. In Mendel v Chervanyou plaintiff obtained a judgment against defendant for $7,207.50. Plaintiff learned that defendant and his wife have an account at the Greater New York Savings Bank which has a balance of $13,449.11. The account was restrained but the bank took the position that since the account is jointly held no money would be disbursed without a court…