WINCHELL v. UNION NAT'L BANK OF TROY


279 A.D. 827 (1952)

Veronica Winchell, Respondent, v. Union National Bank of Troy, Appellant

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

January 9, 1952.


The attack is on the sufficiency of the complaint, and the pleading is entitled to every favorable inference. It alleges that the Sheriff levied on property owned by plaintiff under an execution issued on defendant's judgment against a third party. It also alleges that the levy was made "at the express direction of * * * defendant"; that "on or about" the date of the levy defendant knew the property was owned by plaintiff and not the judgment debtor; that the Sheriff wrongfully...

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