MATTER OF SUMITOMO SHOJI NEW YORK v. CHEM. BANK NEW YORK TRUST CO.


47 Misc.2d 746 (1965)

In the Matter of Sumitomo Shoji New York, Inc., Petitioner, v. Chemical Bank New York Trust Company, Respondent.

Supreme Court, Special Term, New York County.

September 8, 1965


Attorney(s) appearing for the Case

Beer, Richards & Haller (Stewart W. Richards of counsel), for petitioner. Cravath, Swaine & Moore (John W. Barnum and Harold F. McGuire, Jr., of counsel), for respondent.


ABRAHAM N. GELLER, J.

Respondent's motion for reconsideration based on the claimed applicability of subdivision 5 of section 134 of the Banking Law is denied.

That section provides that notice to a bank of an adverse claim to an account standing on its books in the name of another person is not effectual to cause the bank to recognize it unless the adverse claimant either procures "a restraining order, injunction or other appropriate process against...

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