STEPHEN v. ZIVNOSTENSKA BANKA


31 Misc.2d 45 (1955)

John A. Stephen, Formerly Known as Hans Augstein, et al., Plaintiffs, v. Zivnostenska Banka, National Corporation, Also Known as Zivnostenska Bank, National Corporation, Defendant.

Supreme Court, Special Term, New York County.

March 21, 1955


Attorney(s) appearing for the Case

Alexander Slater, Abraham Wolf and Murray L. Jacobs for plaintiffs and temporary receivers. Palmer, Serles, Delaney, Shaw & Pomeroy (David Paine of counsel), for Zivnostenska Banka, defendant. Putney, Twombly, Hall & Skidmore (Lemuel Skidmore of counsel), amicus curiæ.


IRVING L. LEVEY, J.

The plaintiffs in this proceeding, father and son, seek to throw the assets of the defendant bank into permanent receivership upon the premise that they are creditors of an institution which has been "nationalized" within the meaning of section 977-b of the Civil Practice Act.

The temporary receivers, appointed by the court, have moved to examine certain New York banks, reputed to be holding funds for defendant's account.<...

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