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MATTER OF WEST HARLEM PORK CTR., LTD. v. EMPIRE NAT'L BANK

60 A.D.2d 859 (1978)

In the Matter of West Harlem Pork Center, Ltd., Appellant, v. Empire National Bank, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 9, 1978

Judgment affirmed, without costs or disbursements.

Special Term correctly determined that the respondent bank's right to set off the amount of the judgment debtor's deposit against the outstanding balance of its loan to him was superior to the restraining notice served upon the bank by the judgment creditor pursuant to CPLR 5222. Section 151 of the Debtor and Creditor Law provides, in pertinent part, that: "Every debtor [in this case, the bank] shall have the right...

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