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MATTER OF UNION NAT. BANK OF TROY v. WINCHELL

276 A.D. 284 (1950)

In the Matter of Union National Bank of Troy, New York, Appellant, v. Fred Winchell, Defendant. Veronica Winchell et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 18, 1950.

Attorney(s) appearing for the Case

Stephen P. Vinciguerra for appellant.

Leon M. Layden for respondents.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ, concur.

BERGAN, J.

Appellant bank is a judgment creditor of Fred Winchell. Certain personal property was levied upon by the Sheriff under an execution resting on the judgment. The respondents Veronica Winchell and Florian W. Greenbacker made claim to be the owners of the property. They filed affidavits, pursuant to section 696 of the Civil Practice Act with the Sheriff asserting their claims.

The judgment creditor...

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