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DALESSIO v. KRESSLER

6 A.D.3d 57 (2004)

773 N.Y.S.2d 434

BENITO DALESSIO, Appellant, v. LINDA KRESSLER, Doing Business as MADAM LINDA, Defendant, and REPUBLIC NATIONAL BANK OF NEW YORK, Respondent.

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

March 8, 2004.

Attorney(s) appearing for the Case

Richard S. Bonfiglio, Brooklyn, for appellant.

Conrad D. Singer, Great Neck (Paula Schwartz Frome of counsel), for respondent.

ADAMS, TOWNES and MASTRO, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.P.

The two issues presented in this case are whether the plaintiff is entitled to any relief against Republic National Bank of New York (hereinafter Republic) based upon the undisputed facts of this case and whether UCC 4-303 authorizes a payor bank to defy a court order with impunity. We find that the plaintiff is not entitled to relief against Republic. However, we reject Republic's contention that a restraining order...

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