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LYNN v. STERLING NATL. BANK

2014-11558. Index No. 1171/14.

151 A.D.3d 1049 (2017)

2017 NY Slip Op 05215

54 N.Y.S.3d 864

JOHN W. LYNN, Appellant, v. STERLING NATIONAL BANK, Respondent, et al., Defendant.

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

Decided June 28, 2017.

Ordered that the order is affirmed, with costs.

In July 2014, the plaintiff moved by order to show cause for a preliminary injunction enjoining the defendant Janney Montgomery Scott, LLC, from releasing certain funds in a collateral account to the defendant Sterling National Bank. At the time, there was no action pending between the parties. The Supreme Court denied the plaintiff's motion, and the plaintiff appeals.

CPLR 6301 provides, in relevant part, that...

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