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PERSONENI v. AQUINO

5 A.D.2d 616 (1958)

Josephine Personeni, Respondent, v. Cyrus Aquino, Defendant, and John J. McCloskey, as Sheriff of The City of New York, Appellant

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

May 20, 1958.

Attorney(s) appearing for the Case

Sidney Posner of counsel (A. G. Grayzel with him on the brief), for appellant.

Jacob D. Fishman for respondent.

BOTEIN, P. J., RABIN, McNALLY, STEVENS and BERGAN, JJ., concur.

Per Curiam.

The right of a sheriff to collect or receive poundage fees on an execution was nonexistent at common law and is strictly dependent upon the terms of the statute making provision therefor (Campbell v. Cothran, 56 N.Y. 279). Subdivision 7 of section 1558 of the Civil Practice Act accords the sheriff poundage upon moneys which have been collected by virtue of an execution. Where there has not been actual collection the sheriff may nevertheless...

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