Legal Opinion
European American Bank & Trust Co. v. H. Frenkel, Ltd.
New York Supreme Court
Decided May 22, 1990PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Herman Cahn, J.
Motion by defendants for an order directing the plaintiff bank to lift its restraining notices and vacate the attachment placed on the retirement fund accounts of defendants Herman Frenkel and Tobi Frenkel is denied (CPLR 5240). Defendants’ *424contention that CPLR 5205 (c) (1) is applicable to the facts before the court is erroneous.
CPLR 5205 (c) (1) provides for a "[tjrust exemption” in relevant part, as follows: "all property while held in trust for a judgment debtor, where the trust has been created by, or the fund so held in trust has proceeded from, a…
2Cases cited2 opinions
- Long Island Jewish Hillside Medical Center v. PrendergastNew York Supreme Court · 1986
- Abrahams v. New York State Tax CommissionNew York Supreme Court · 1986
3Cited by5 opinions
- In Re IaconoUnited States Bankruptcy Court, E.D. New York · 1990
- In Re TaftUnited States Bankruptcy Court, E.D. New York · 1994
- Taft v. O'Connell (In Re Taft)District Court, E.D. New York · 1995
- In Re OrlebekeUnited States Bankruptcy Court, S.D. New York · 1992
- Bank Leumi Trust Co. v. Dime Savings BankAppellate Division of the Supreme Court of the State of New York · 1994