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MTR OF STATE TAX COMM v. SHOR

84 Misc.2d 161 (1975)

In the Matter of State Tax Commission, Judgment Creditor, v. Bernard Shor, Judgment Debtor, and Chase Manhattan Bank (National Association), Garnishee. Chase Manhattan Bank (National Association), Garnishee and Interpleading Petitioner, v. Finance Administration of the City of New York et al., Interpleaded Respondents.

Supreme Court, Special Term, New York County.

September 11, 1975

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy for garnishee. Sage Gray Todd & Sims for interpleaded respondent. Karelsen, Karelsen, Lawrence & Nathan for respondent. Louis J. Lefkowitz, Attorney-General, for State Tax Commission.

GEORGE STARKE, J.

Motions numbered 43 and 44 are consolidated for joint disposition.

The sole issue here is whether the stock and proprietary lease in a co-operative apartment are in essence realty or personalty.

The judgment debtor, Shor, the owner of the co-operative stock and holder of the proprietary lease, had pledged the same in July, 1967 with Chase Manhattan Bank N. A. (Chase) on a loan...

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