Appellate Division of the Supreme Court of New York, 1962

Mitchell & Morgan, Inc. v. Baumgart

Mitchell & Morgan, Inc. v. Baumgart
Appellate Division of the Supreme Court of New York · Decided May 8, 1962
16 A.D.2d 758; 1962 N.Y. App. Div. LEXIS 9918
Mitchell & Morgan, Inc. v. Baumgart

Opinion of the Court

Order entered on September 22, 1960 unanimously affirmed, with $20 costs and disbursements to respondent. No opinion. Order entered on October 13, 1960 unanimously affirmed, with $20 costs and disbursements to respondent. No opinion. Order, entered on October 27, 1960, unanimously affirmed, with $20 costs and disbursements to respondent, but with leave to defendant to move for reconsideration upon a showing by affidavit or otherwise that the first bond did not effect the ultimate release of assets from levy or the Sheriff’s possession and upon a further showing that plaintiff was not entitled to effect a levy on any released assets under the second warrant. Concur — Breitel, J. P., Valente, Stevens, Eager and Steuer, JJ.

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