415 EAST 52ND ST. ASSOCS. v. OPPENHEIMER & CO., INC.


224 A.D.2d 251 (1996)

638 N.Y.S.2d 300

415 East 52nd Street Associates, Respondent, v. Oppenheimer & Co., Inc., Respondent, and James B. Mintzer, Appellant

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

February 8, 1996


In granting the within petition, the IAS Court, after voicing strong reluctance, felt constrained to rely on Matter of Bank Leumi Trust Co. v Dime Sav. Bank (202 A.D.2d 578), a Second Department case which held that an IRA created as the result of a "rollover" from a qualified profit-sharing plan under section 401 of the United States Internal Revenue Code (26 USC) was not exempt from levy. In reversing the Second Department, the...

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