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PERSONENI v. AQUINO

6 N.Y.2d 35 (1959)

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

Court of Appeals of the State of New York.

Decided May 21, 1959.

Attorney(s) appearing for the Case

Sidney Posner and A. G. Grayzel for appellant.

Jacob D. Fishman for respondent.

Judges DESMOND, FULD, VAN VOORHIS and BURKE concur with Judge DYE; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY concurs.

DYE, J.

In this appeal, by permission, we deal with the right of a Sheriff to collect or receive poundage fees on a duly levied execution for debt on which no collection had been made, because the execution had been rendered null and void by operation of law. In this instance it was due to the circumstance that the judgment creditor failed to take action to collect the debt within 120 days, or to obtain an order...

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