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EUROPEAN BANK v. FRENKEL LTD.

147 Misc.2d 423 (1990)

European American Bank & Trust Company, Plaintiff, v. H. Frenkel, Ltd., et al., Defendants.

Supreme Court, New York County.

May 22, 1990

Attorney(s) appearing for the Case

Katz, Kleinbaum, Farber & Karson (Steve Sigel of counsel), for defendants. Blutrich, Falcome & Miller (Peter M. Nadler of counsel), for plaintiff.

HERMAN CAHN, J.

Motion by defendants for an order directing the plaintiff bank to lift its restraining notices and vacate the attachment placed on the retirement fund accounts of defendants Herman Frenkel and Tobi Frenkel is denied (CPLR 5240). Defendants' contention that CPLR 5205 (c) (1) is applicable to the facts before the court is erroneous.

CPLR 5205 (c) (1) provides for a "[t]rust exemption...

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