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MATTER OF GEN. MOTORS v. MALONEY

46 Misc.2d 251 (1965)

In the Matter of General Motors Acceptance Corporation, Petitioner, v. John Maloney et al., Respondents.

Supreme Court, Special Term, Queens County.

April 23, 1965

Attorney(s) appearing for the Case

George A. Brooks for petitioner. Harry Salvan for Continental Casualty Co., respondent.

HAROLD TESSLER, J.

This is an application brought pursuant to CPLR 5239 to determine petitioner's right to possession of a certain automobile levied upon by the Sheriff.

The pertinent facts are these: In June, 1961, Continental Casualty Company recovered a money judgment against John Maloney. Execution was issued out of this court pursuant to which the Sheriff, on February 2, 1965, levied upon an Oldsmobile automobile which was in the possession...

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