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LASCALA v. GARLAND

171 Misc.2d 325 (1997)

658 N.Y.S.2d 164

Caroline Lascala, Respondent, v. Leigh Garland et al., Appellants.

Supreme Court, Appellate Term, Second Department.

January 23, 1997

Attorney(s) appearing for the Case

Nassau/Suffolk Law Services Committee, Inc., Islandia (Thomas Maligno and Victor J. Ambrose of counsel), for appellants. Caroline Lascala, respondent pro se. Robert J. Cimino, County Attorney, Hauppauge (Derrick J. Robinson of counsel), for Suffolk County Sheriff.

DiPAOLA, P. J., STARK and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously reversed without costs and motion to vacate execution granted.

Petitioner obtained a money judgment against appellants and sought to enforce the judgment by seizing their jeep. Appellants moved to vacate the execution and/or for a protective order. Their motion was denied by the court below.

The notice served upon the tenants and judgment debtors was not proper in that it failed...

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