Legal Opinion

Buy Fabrics, Inc. v. Ada Co.

New York Supreme Court

Decided December 20, 1973PublishedCited by 2 opinions

1Opinion of the CourtAbnold L. Feist, J.

Motion by the garnishee, Trust Company of Georgia, to vacate an order of disclosure, containing a restraining order pursuant to CPLB 6220, is denied.

Although neither the garnishee nor defendant corporation is authorized to do business in New York, both appear to have New York offices. The garnishee is a Georgia bank which factors defendant’s accounts receivable. The garnishee’s factoring department maintains a New York office, operated by a “ representative ”, who asserts that the garnishee “ does not conduct a banking business in this State.”

Plaintiff has a cause of action for the balance…

2Cases cited2 opinions

  1. Morris Plan Ind. Bank of N.Y. v. GunningNew York Court of Appeals · 1946
  2. Cronan v. SchillingAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by2 opinions

  1. Engineering Equipment Co. v. SS SELENEDistrict Court, S.D. New York · 1978
  2. Digitrex, Inc. v. JohnsonDistrict Court, S.D. New York · 1980

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