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McCLOSKEY v. CHEM. CORN EXCH. BANK

2 Misc.2d 281 (1956)

John J. McCloskey, as Sheriff of the City of New York, et al., Plaintiffs, v. Chemical Corn Exchange Bank, Defendant.

Supreme Court, Special Term, New York County.

June 22, 1956.

Attorney(s) appearing for the Case

Sidney Posner and A. G. Grayzel for John J. McCloskey, as Sheriff, plaintiff.

Herman E. Compter and David Talmage McGovern for defendant.

IRVING L. LEVEY, J.

While section 636 of the Civil Practice Act and section 661 of the County Law may have been enacted to prevent abuse and oppression by the sheriff in the execution of process in which he has a personal interest, the language of those sections is in no way qualified or ambiguous. Under section 636 of the Civil Practice Act in any action or special proceeding to which the sheriff is a party the execution must be directed to a coroner...

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