MATTER OF BEST ENERGY POWER 2015, LLC v. FEDERAL DEPOSIT INS. CORP.

2021-06683. Index No. 605576/21.

220 A.D.3d 854 (2023)

198 N.Y.S.3d 179

2023 NY Slip Op 05256

In the Matter of Best Energy Power 2015, LLC, Appellant, v. Federal Deposit Insurance Corporation, as Receiver for Signature Bank, et al., Respondents.

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

Decided October 18, 2023.


Attorney(s) appearing for the Case

Lewis A. Bartell , Old Westbury, NY, for appellant.

Meyner & Landis, LLP, New York, NY ( Matthew P. Dolan of counsel), for respondent Federal Deposit Insurance Corporation, as receiver for Signature Bank.

Todd & Levi, LLP, New York, NY ( Jill Levi of counsel), for respondent Michaels Electrical Supply Corp.

Dillon, J.P., Miller, Wooten and Taylor, JJ., concur.


In a proceeding pursuant to CPLR 5239 to determine adverse claims to a bank account, the petitioner appeals from an order of the Supreme Court, Nassau County (James P. McCormack, J.), entered August 18, 2021. The order, insofar as appealed from, denied the petitioner's motion to vacate a restraining notice on the subject bank account, denied the petition, and, thereupon, vacated a temporary restraining order dated May 11, 2021...

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