Franklin National Bank v. Baron

In a proceeding against appellant to enforce a default judgment, the appeal is from an order of the Supreme Court, Nassau County, dated September 25, 1970 and made after a hearing, which denied appellant’s motions (a) for a protective order pursuant to CPLR 5240 relieving and vacating the restraining notices served by the judgment creditor upon appellant’s depositories and to stay enforcement proceedings and (b) to release and vacate an execution upon the judgment. Order reversed, on the law, without costs, and proceeding remitted to Special Term, for a new hearing and a new determination, in…