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VELOCITY INVESTMENTS, LLC v. KAWSKI

21 Misc.3d 276 (2008)

VELOCITY INVESTMENTS, LLC, Petitioner, v. CHRISTINA KAWSKI et al., Respondents.

City Court of Dunkirk.

August 15, 2008.

Attorney(s) appearing for the Case

Malen & Associates, P.C., Westbury (Paul W. Mahler of counsel), for petitioner.

Foley Foley & Passafaro, Dunkirk (Jeffrey Passafaro of counsel), for Lake Shore Savings & Loan, respondent.

OPINION OF THE COURT

JOHN M. KUZDALE, J.

This case involves a question of state law for which there is no binding precedent, to wit: in a turnover proceeding for a joint account, is a judgment creditor entitled to the entire amount on deposit or only half of that amount when the non-judgment debtor joint tenant has been properly served and defaults? The issue is not entirely a novel one, as there are a number of well-reasoned and superbly drawn decisions...

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