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ASPEN INDS v. MARINE MIDLAND

52 N.Y.2d 575 (1981)

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

Court of Appeals of the State of New York.

Decided May 5, 1981.

Attorney(s) appearing for the Case

Fred G. Aten, Jr., and Donald S. Mazzullo for appellant.

Vincent A. O'Neil for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

This appeal concerns the effect of a restraining notice served upon a bank pursuant to CPLR 5222. At issue is whether a garnishee bank violates a restraining notice served upon it by disbursing funds from the account of a judgment debtor notwithstanding the fact that the bank maintains a balance in the account which is in excess of twice the amount owed on the judgment. Also involved is the interplay...

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