PLYMOUTH ROCK CORP. v. BANK


102 Misc.2d 235 (1979)

Plymouth Rock Fuel Corporation, Respondent, v. Bank of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

October 18, 1979.


Attorney(s) appearing for the Case

Emmet, Marvin & Martin (David M. Mahle and Dennis C. Fleischmann of counsel), for appellant. Stanley Zuckerman for respondent.

HIRSCH and JONES, JJ., concur in memorandum; WEINSTEIN, J. P., concurs in separate memorandum.


MEMORANDUM.

Judgment and order of the court below (see 91 Misc.2d 837) affirmed, without costs.

Respondent appeals from a judgment directing it to pay over to petitioner judgment creditor certain assets belonging to the judgment debtor (see CPLR 5227). Some of these assets are held by respondent as custodian under a "Keogh" profit-sharing plan.

On this appeal, respondent...

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