Weiss v. Ford Motor Credit Co.

OPINION OF THE COURT

Anthony A. Scarpino, Jr., J.

Motion by petitioners for an order pursuant to CPLR 5239 *80in determining their rights in bank accounts in their father’s name held in trust for them (Totten trusts) which have been restrained by respondent Ford Motor Credit Company (Ford Credit).

It is ordered that the bank accounts in dispute are the personal property of the petitioners, free of any interest of the judgment debtor Daniel Weiss, and the restraining notices are discharged.

Petitioners are the children of Daniel Weiss, a judgment debtor in an action entitled Ford Motor Credit Co. v…