Legal Opinion
First Commercial Bank v. Gotham Originals, Inc.
New York Court of Appeals
Decided February 12, 1985PublishedCited by 67 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
This is a special proceeding instituted pursuant to CPLR 6221 to determine adverse claims to attached property. The disputed property consists of funds and assets held by respondent Bank Leumi Trust Company of New York. Petitioner, First Commercial Bank, claims the proceeds because Bank Leumi accepted drafts it presented in the amount of $70,978.50 which had been drawn in connection with a letter of credit. Respondent Gotham Originals, Inc., the customer of Bank Leumi which obtained the letter of credit, claims that Bank Leumi may not transfer the proceeds…
2Cases cited5 opinions
- Sztejn v. J. Henry Schroder Banking Corp.New York Supreme Court · 1941
- Key International Manufacturing, Inc. v. StillmanAppellate Division of the Supreme Court of the State of New York · 1984
- First Commercial Bank v. Gotham Originals, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Continental Time Corp. v. Merchants BankNew York Supreme Court · 1983
- United States Rail Co. v. WienerAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by67 opinions
- Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
- Brenntag International Chemicals, Inc. v. Bank of India, Defendant-Cross-Claimant-Appellant, Norddeutsche Landesbank GzCourt of Appeals for the Second Circuit · 1999
- 3com Corporation v. Banco Do Brasil, S.A.Court of Appeals for the Second Circuit · 1999
- Alaska Textile Co., Inc. v. Chase Manhattan Bank, N.A.Court of Appeals for the Second Circuit · 1992
- Bank of Cochin Ltd. v. Manufacturers Hanover Trust Co.District Court, S.D. New York · 1985
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