SHERIDAN FARMS, INC. v. FEDERICO


48 Misc.2d 599 (1965)

Sheridan Farms, Inc., Respondent, v. Joseph Federico, Debtor, and Arlene Brandt, as Assignee of David Lipe, Appellant.

Supreme Court, Appellate Term, First Department.

November 12, 1965


Attorney(s) appearing for the Case

Max Lichtenberg for appellant. Sheridan & Madigan (Marcus Klein of counsel), for respondent.

Concur — HOFSTADTER, J. P., TILZER and HECHT, JJ.


Per Curiam.

It was not essential to a valid levy in the circumstances of this case that the Marshal take the property levied upon away from the judgment debtor. The property was inventoried by the Marshal and the debtor put on notice that it was being levied upon pursuant to the execution lodged with the Marshal, who left with the debtor copies of the execution, inventory and notice of sale and posted a notice of levy. The Marshal thereby exercised dominion...

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