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WALTER v. DOE

93 Misc.2d 286 (1978)

Leonard Walter et al., Plaintiffs, v. John Doe et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

February 3, 1978

Attorney(s) appearing for the Case

John Doe, defendant pro se. Sherman & Sterling (Stephen F. Ellman of counsel), for First National City Bank, defendant. Jon Emanuel for plaintiffs.

STANLEY L. SKLAR, J.

Defendant John Doe, an attorney, moves for summary judgment dismissing this action brought against him by a husband and wife whose checking account was erroneously restrained because of a restraining notice served by Doe's office. Plaintiffs cross-move for summary judgment against Doe. Defendant bank moves for summary judgment dismissing the action as against it.

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