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GILLIAM v. DISCOVER BANK

531335.

192 A.D.3d 1444 (2021)

144 N.Y.S.3d 762

2021 NY Slip Op 01824

James W. Gilliam II, Appellant, v. Discover Bank et al., Respondents.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

James W. Gilliam II, Warwick, appellant pro se.

Greenberg Traurig, LLP, New York City ( Toby S. Soli of counsel) and Kirschenbaum & Phillips, PC, Wantagh ( Michael L. Kohl of counsel), for respondents.

Garry, P.J., Lynch, Pritzker and Reynolds Fitzgerald, JJ., concur.

In a separate action by defendant Discover Bank against plaintiff's spouse, Discover Bank was awarded summary judgment on its claim for an account stated. Defendant Kirschenbaum & Phillips (hereinafter K&P) subsequently entered a money judgment against the spouse. K&P then issued a restraining notice to the bank where the...

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