Brezenoff v. Franklin Savings Bank

OPINION OF THE COURT

Stanley H. Nason, J.

Plaintiff moves for an order compelling defendant Franklin Savings Bank to pay over to the Sheriff the sum of $1,523, representing the amount held by defendant in a savings account in the name of Edward Reddington and Catherine Reddington. Plaintiff has obtained a judgment against the Reddingtons for welfare overpayments and has levied against their bank account. Plaintiff has not produced a passbook for the account and defendant contends that under subdivision 3 of section 238 of the Banking Law, the bank is not required to pay over the funds unless a…