After it got a $4,646.73 money judgment, Barretta Realty Skyline tried to collect the money from the debtor's checking account but was told that the account was overdrawn and that no other monies were available.
When Barretta later sued the financial institution, the Nassau County District Court dismissed the case.
Since the bank wasn't holding any of the debtor's funds when the restraining notice was served, the Appellate Term, Second Department, agreed that this Barretta was shooting blanks.
Was there was no love for that Skyline?
To view a copy of the Appellate Term's decision, please use this link: Barretta Realty Skyline v. Bank of America