Legal Opinion

Walter v. Doe

Civil Court of the City of New York

Decided February 3, 1978PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Stanley L. Sklar, J.

Defendant John Doe, an attorney, moves for summary judgment dismissing this action brought against him by a husband and wife whose checking account was erroneously restrained because of a restraining notice served by Doe’s office. Plaintiffs cross-move for summary judgment against Doe. Defendant bank moves for summary judgment dismissing the action as against it.

The applications are consolidated for decision.

The two issues presented are:

1. Is an attorney for a judgment creditor liable for negligently issuing a restraining notice against the bank account…

2Cases cited8 opinions

  1. Sumitomo Shoji New York, Inc. v. Chemical Bank New York Trust Co.New York Supreme Court · 1965
  2. Victor v. GoldmanNew York Supreme Court · 1973
  3. In re KeoghAppellate Division of the Supreme Court of the State of New York · 1965
  4. Mazzuka v. Bank of North AmericaCivil Court of the City of New York · 1967
  5. Porterfield v. SaffanAppellate Division of the Supreme Court of the State of New York · 1959

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Digitrex, Inc. v. JohnsonDistrict Court, S.D. New York · 1980
  2. Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.Court of Appeals for the Second Circuit · 2013
  3. Save Way Oil Co. v. 284 Eastern Parkway Corp.Civil Court of the City of New York · 1982
  4. Feldman v. Upton, Cohen & SlamowitzNassau County District Court · 2002
  5. Schaeffer v. Chemical BankSuffolk County District Court · 1980

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