Per Curiam.
Defendant is liable to plaintiff for the damages sustained by reason of its failure to comply with the garnishee execution served upon it. The prior levy in favor of the defendant on the earnings of the same judgment debtor was terminated by the Sheriff's return. Defendant's conduct was tantamount to a de facto withdrawal of the levy and a surrender and abandonment of any and all rights thereunder (see Marks v. Elwood, 107 N.Y.S.2d...
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