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BIRNBAUM v. MARINE MIDLAND BANK

96 A.D.2d 776 (1983)

Saul I. Birnbaum, Appellant-Respondent, v. Marine Midland Bank, N. A., Respondent-Appellant, and Jay B. Birnbaum, Respondent

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

August 4, 1983

Affirmed, without costs or disbursements.

The action seeks to compel Marine Midland to release funds held in checking, savings and tax escrow accounts and in a certificate of deposit, all in the name of Queensbury Plaza. The bank records for both the savings and checking accounts authorized withdrawals to be made by plaintiff, Saul Birnbaum (Saul), or defendant, Jay Birnbaum (Jay). The tax escrow account, which was to be maintained as long as there was an outstanding...

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