O'Brien v. B. H. Transportation Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that N.Y. Debt. & Cred. Law § 151 authorizes set off of unmatured debt upon receipt of levy
• holding that a bank served with a restraining notice is required to restrain the account titled in the name of the judgment debtor, but recognizing that the bank’s role is limited to compliance with the notice
• “restraining notice confers no priority upon the judgment creditor in the form of a lien on the judgment debtor’s property”
• restraining order pursuant to CPLR 5222 does not create judgment lien
• setoff does not automatically occur each time a bank holds a matured debt of the depositor; a binding overt act must actually be made
• setoff does not automatically occur each time a bank holds a matured debt of the depositor; a binding overt act must actually be made

Source: CourtListener parenthetical corpus (CC0).