BANK OF UTICA v. CASTLE FORD, INC.


56 Misc.2d 301 (1968)

Bank of Utica, Plaintiff, v. Castle Ford, Inc., Defendant.

Supreme Court, Special Term, Oneida County.

March 1, 1968


Attorney(s) appearing for the Case

Penberthy, Deiorio & Johnson (Grant Johnson of counsel), for plaintiff. Irving M. Basloe and Joel Bernstein for defendant.


RICHARD D. SIMONS, J.

In this replevin action, plaintiff moves pursuant to CPLR 7103 (subd. [b]) to impound a 1965 Oldsmobile automobile presently being held by the Sheriff of Herkimer County.

The plaintiff claims the automobile by virtue of a defaulted chattel mortgage given to it by Worden Motors. The defendant claims title as purchaser of the automobile from Worden Motors.

On Friday, January 26, 1968, the Sheriff served a requisition...

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