GARRO v. REPUBLIC SHEET METAL WORKS


205 Misc. 889 (1954)

Mike Garro, Plaintiff, v. Republic Sheet Metal Works, Inc., Defendant.

Supreme Court, Special Term, Oneida County.

April 9, 1954.


Attorney(s) appearing for the Case

Howard J. Blaugrund for Mike Garro, judgment creditor.

Irving S. Rokeach for Gilbert and Knight Co., judgment creditor.


SULLIVAN, J.

Upon an order to show cause, one of two judgment creditors seeks a preference, as provided in section 680 of the Civil Practice Act, to the payment of the proceeds of a sale under a levy upon the property of the same judgment debtor.

The two judgment creditors are not in accord with respect to the facts. However, it is undisputed that the moving party, the plaintiff herein, who will be designated...

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