New York Court of Appeals
Aspen Industries, Inc. v. Marine Midland Bank
May 5, 198152 N.Y.2d 575
Summary
The Court held that Marine Midland Bank did not violate CPLR 5222 because the balance in the debtor's account never fell below twice the judgment amount, rendering the restraining notice ineffective as to excess funds, and Aspen could not recover damages since it failed to show any loss.