GREENFIELD v. TRIPP


23 Misc.2d 1088 (1960)

Mannie Greenfield, Plaintiff, v. Peter Tripp, Defendant.

Supreme Court, Special Term, Nassau County.

May 17, 1960.


Attorney(s) appearing for the Case

Sidney Posner for Sheriff of City of New York. Bannigan & Zirin for defendant.


WILLIAM R. BRENNAN, JR., J.

Motion to vacate a garnishee execution granted upon the condition that the movant pay the poundage ($577.85) due the Sheriff.

After a levy under a garnishee execution was made (July 7, 1959), the debtor voluntarily paid the amount of the judgment to the creditor. The funds used in payment were in part borrowed from "outside sources" and the remainder from accumulated salary withheld by the debtor's employer. The debtor...

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