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FIRST COMMERCIAL BANK v. GOTHAM

64 N.Y.2d 287 (1985)

First Commercial Bank, Respondent, v. Gotham Originals, Inc., Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided February 12, 1985.

Attorney(s) appearing for the Case

Gerald M. Kleinbaum for appellant.

Thomas F. Clauss, Jr., and Stephen A. Weiner for First Commercial Bank, respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE and ALEXANDER concur.

SIMONS, J.

This is a special proceeding instituted pursuant to CPLR 6221 to determine adverse claims to attached property. The disputed property consists of funds and assets held by respondent Bank Leumi Trust Company of New York. Petitioner, First Commercial Bank, claims the proceeds because Bank Leumi accepted drafts it presented in the amount of $70,978.50 which had been drawn in connection with a letter of...

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