Household Finance Corp. v. Rochester Community Savings Bank

OPINION OF THE COURT

Joseph D. Valentino, J.

FACTS

In this special proceeding under CPLR 5227, the court must determine whether the petitioner judgment creditor is entitled to an award of costs against the respondent bank; and whether there is authority for the bank’s refusal to turn over funds in response to a levy.

The petitioner Household Finance Corporation sought to enforce a money judgment against Alfred A. Lasek by serving a restraining order and levy of execution on respondent Rochester Community Savings Bank where the judgment debtor, Mr. Lasek, held a joint bank account with Mary M.…