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MATTER OF HEOS v. McCLOSKEY

278 A.D. 768 (1951)

In the Matter of Theodore Heos et al., Appellants, v. John J. McCloskey, as Sheriff of The City of New York, Respondent

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

April 2, 1951.

Motion referred to the court that rendered the decision. On December 7, 1936, appellant Theodore Heos recovered a judgment for $10,130.85, and appellant Peter Heos recovered a judgment for $3,000 in a negligence action. On July 1, 1949, appellants delivered to the Sheriff a body execution for $13,130.85, issued in 1937, which the Sheriff refused to execute. On February 8, 1950, Special Term denied appellants' motion for an order directing the Sheriff to execute the 1937 body...

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