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O'BRIEN v. FAGO

54 Misc.2d 203 (1967)

Catherine M. O'Brien, Judgment Creditor, v. Anthony Fago et al., Judgment Debtors. Ætna Insurance Company, Interested Party.

Supreme Court, Special Term, Erie County.

July 17, 1967

Attorney(s) appearing for the Case

Rachlin & Rachlin (Harry A. Rachlin of counsel), for judgment creditor. Miles, Cochrane, Grosse, Rossetti & Lord (Lowell Grosse of counsel), for Ætna Insurance Company, interested party.

MATTHEW J. JASEN, J.

Ætna Insurance Company, as an interested party, brings this proceeding, pursuant to CPLR 5240, for an order to discharge and release its obligation under a surety bond issued in lieu of an execution and levy by the judgment creditor on contract funds in the hands of the City of Buffalo.

Judgment creditor, Catherine Mary O'Brien, contends that the provisions of CPLR 5240 are...

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