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GARRO v. REPUBLIC SHEET METAL WORKS

284 A.D. 660 (1954)

Mike Garro, Plaintiff, v. Republic Sheet Metal Works, Inc., Defendant. Guy Yacobelli, as Marshal of The City Court of the City of Utica, Appellant; Mike Garro, Respondent

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

October 1, 1954.

Attorney(s) appearing for the Case

Irving S. Rokeach for appellant.

Ronald H. Grossman and Howard J. Blaugrund for respondent.

All concur. Present — VAUGHAN, J. P., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.

KIMBALL, J.

In the action of Mike Garro against Republic Sheet Metal Works, Inc., the plaintiff obtained a money judgment against the defendant in Supreme Court, Oneida County, and on August 14, 1953, an execution against the property of said defendant was duly issued and delivered to the Sheriff of said county. It appears that the Sheriff at no time ever made a levy under said execution and that on September...

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