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CHIN SUNG YU v. RIGGS NAT'L BANK OF WASHINGTON

248 A.D.2d 235 (1998)

670 N.Y.S.2d 187

Chin Sung Yu et al., Appellants, v. Riggs National Bank of Washington, D.C., et al., Respondents, et al., Defendant

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

March 17, 1998

We agree with the motion court that plaintiffs failed to set forth sufficient allegations to show a viable cause of action in either contract or tort (see, Milliken & Co. v Consolidated Edison Co., 84 N.Y.2d 469, 477-479), and that, in any event, defendants' compliance with the sheriff's levy precludes plaintiffs' claims. The garnishee's compliance with CPLR 5209 is a safe harbor that preempts the judgment debtor's common...

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