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  5. 43 N.Y.2d 151 (1977)
 

MTR. STATE TAX COMM v. SHOR

43 N.Y.2d 151 (1977)

In the Matter of the State Tax Commission, Respondent, v. Bernard Shor, Judgment Debtor, and Chase Manhattan Bank (National Association), Respondent. Chase Manhattan Bank (National Association), Respondent, v. Finance Administration of the City of New York et al., Respondents, and Fidelity National Bank of Pa., Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1977.

Attorney(s) appearing for the Case

William J. Allingham and Jerry J. Strochlic for interpleaded appellant.

Louis J. Lefkowitz, Attorney-General (Gerard Hurwitz, Samuel A. Hirshowitz and Robert S. Hammer of counsel), for State Tax Commission, respondent; Kenneth A. Perko, Jr., Edward J. Reilly and Peter A. Copeland for Chase Manhattan Bank (National Association), respondent; and Frank E. Karelsen, III, and Ernest L. Bial for 480 Park Avenue Corp., respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

This is a proceeding to enforce a money judgment, under CPLR article 52 on behalf of three creditors and lienors of the debtor Shor. They sought an order for the distribution of proceeds from the sale of Shor's interest in his co-operative apartment. Fidelity National Bank, a judgment creditor of Shor interpleaded as a respondent, opposed the motion, asserting a prior lien on the proceeds...

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