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NORSTAR BANK, NAT'L ASS'N v. DAVIS

238 A.D.2d 892 (1997)

661 N.Y.S.2d 106

Norstar Bank, National Association, Respondent, v. Lawrence Davis et al., Defendants. Joseph Davis, Inc., Nonparty Appellant

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

April 25, 1997

Order unanimously reversed on the law with costs, application granted and restraining notices and executions vacated.

Memorandum:

This dispute concerns priority among conflicting interests in funds of $40,635.98 in the hands of an escrow agent pursuant to a Plan of Reorganization confirmed by Bankruptcy Court. Joseph Davis, Inc. (Davis, Inc.), as assignee of defendants, appeals from an order of Supreme Court that denied its motion to vacate restraining notices...

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