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T & C LEASING v. WACHOVIA BANK

Docket No. A-5405-09T1

23 A.3d 440 (2011)

421 N.J. Super. 221

T & C LEASING, INC., Plaintiff-Appellant, v. WACHOVIA BANK, N.A., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2011.

Attorney(s) appearing for the Case

Robert L. Grundlock, Jr. , Princeton, argued the cause for appellant (Rubin, Ehrlich & Buckley, P.C., attorneys; Mr. Grundlock, on the briefs).

Anthony L. Cotroneo argued the cause for respondent (Rosner, Nocera & Ragone, attorneys; Mr. Cotroneo and Peter A. Ragone , on the brief).

Before Judges AXELRAD, LIHOTZ and J.N. HARRIS.

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

At issue in this appeal is whether a post-judgment bank account levy creates an ongoing restraint in the creditor's favor under Article 7 of the State's execution statutes, N.J.S.A. 2A:17-50 to -56.66, requiring the bank to turn over to the creditor funds deposited into the debtor's account after service of the writ on the bank. The trial court held...

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