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TROJAN HARDWARE v. BONACQUISTI

141 A.D.2d 278 (1988)

In the Matter of Trojan Hardware Company, Inc., Respondent, v. Bonacquisti Construction Corporation et al., Respondents, and Norstar Bank of Upstate New York, Appellant

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

November 10, 1988

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C. (Peter A. Pastore of counsel), for appellant.

Marinstein & Marinstein (Elliott F. Marinstein and Robert M. Cohen of counsel), for Trojan Hardware Company, Inc., respondent.

KANE, J. P., MIKOLL, LEVINE and MERCURE, JJ., concur.

HARVEY, J.

This appeal involves a dispute over the parameters of a bank's right to setoff under Debtor and Creditor Law § 151. In April 1982, respondent Bonacquisti Construction Corporation opened a savings account at respondent Norstar Bank of Upstate New York into which it deposited $33,500 (hereinafter referred to as account A). The money in account A was assigned to respondent Town of Clarkstown as...

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