Marine Midland Bank, N.A. v. Fusco

Appeal from an order of the Supreme Court (Kahn, J.), entered March 22, 1988 in Albany County, which, inter alia, granted plaintiff’s motion for a protective order.

In September 1985, Supreme Court granted judgment which, inter alia, entitled plaintiff to take into its possession and sell "all equipment, fixtures, inventory, accounts, chattel paper, documents, instruments and general intangibles” of St. Maarten Tan, Inc. This action was commenced to recover certain of the property of St. Maarten Tan which plaintiff alleges is in the possession of defendant. Defendant served a notice to take an…