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MTR. OF FISHER & CO. v. BAR SPA MACH. CO.

43 Misc.2d 821 (1964)

In the Matter of Joseph H. Fisher & Company, Petitioner, v. Bar Spa Automatic Machine Company et al., Respondents.

Supreme Court, Special Term, Nassau County.

June 18, 1964

Attorney(s) appearing for the Case

Mullooly, Mullen & Jeffrey (Bernard Jeffrey of counsel), for petitioner. Bernard Rothfeld for Rowe AC Services.

JOSEPH LIFF, J.

This is a special proceeding by a judgment creditor for an order directing the Meadow Brook National Bank, as garnishee, to pay over money on deposit to the credit of the judgment debtor. The application is resisted by a competing judgment creditor who asserts priority to the fund by reason of having served a restraining notice on the bank.

Subdivision (a) of 5202 CPLR provides that once...

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