Aspen Industries, Inc. v. Marine Midland Bank

Cardamone, J. P. (dissenting).

We concur with the majority insofar as it holds that the respondent bank violated the restraining notice. Once a restraining notice has been served, a garnishee-creditor may not continue to pay funds on deposit *64to third parties, notwithstanding the garnishee-creditor’s superior right of setoff under section 151 of the Debtor and Creditor Law, unless it first sets aside for the benefit of the judgment creditor an amount equal to twice that due on the judgment (CPLR 5222, subd [b]). We cannot agree, however, with the result reached in this case.

In our view the…