POWERS-57TH ST., INC. v. GALLO


11 A.D.2d 711 (1960)

Powers-57th Street, Inc., Appellant, v. Carl Gallo, Respondent

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

June 13, 1960


Order reversed, without costs, and motion denied.

On November 6, 1959, the plaintiff, pursuant to the statute, filed its papers with the Sheriff and requested him to replevy the chattels. About a month later and before the Sheriff had seized or replevied the chattels, defendant filed with the Sheriff his undertaking, with corporate surety, for $250 and made his motion to direct the Sheriff to accept it and to stay him from proceeding with the replevy. The motion was...

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