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WILTON ENTERPRISE v. COOK'S PANTRY

230 N.J. Super. 126 (1988)

552 A.2d 1031

WILTON ENTERPRISE, INC. A CORPORATION, PLAINTIFFS, v. THE COOK'S PANTRY, INC. A CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Special Civil Part, Bergen County.

Decided October 26, 1988.

Attorney(s) appearing for the Case

Arthur L. Nudelman for plaintiffs (Nudelman, Nudelman & Ziering, attorneys).

Robert S. Underhill for National State Bank (Mackenzie, Welt, Duane & Maher, attorneys).

No appearance by defendant.

EICHEN, J.S.C.

This is a motion for summary turnover of funds pursuant to N.J.S.A. 2A:17-63 following an execution and levy made upon the checking account of defendant, The Cook's Pantry, Inc. ("defendant") maintained at the National State Bank ("Bank") upon a default judgment entered in favor of plaintiff, Wilton Enterprise, Inc. The bank objects to the turnover of funds, claiming that at the time of the levy there were no funds in the account. Defendant has...

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