1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 74 A.D.2d
  5. 74 A.D.2d 59 (1980)
 

ASPEN IND v. MARINE MIDLAND

74 A.D.2d 59 (1980)

Aspen Industries, Inc., Appellant, v. Marine Midland Bank, Respondent

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

April 8, 1980

Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Vincent A. O'Neil of counsel), for appellant.

Harter, Secrest & Emery (Donald S. Mazzullo of counsel), for respondent.

SIMONS and MOULE, JJ., concur with CALLAHAN, J.; CARDAMONE, J. P., and DOERR, J., dissent and vote to affirm in an opinion by CARDAMONE, J. P.

CALLAHAN, J.

Appellant-petitioner Aspen Industries, Inc. (Aspen) instituted this proceeding against Marine Midland Bank (Bank) pursuant to the provisions of CPLR 5227, seeking to collect on funds of a judgment debtor on deposit with the Bank. On October 11, 1978, Aspen had served upon the Bank a restraining notice to garnishee pursuant to CPLR 5222. Notwithstanding receipt of the restraining notice, the Bank allowed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases