AGAWAM TRADING CORP. v. MAYER MALBIN CO., INC.


37 A.D.2d 946 (1971)

Agawam Trading Corp. et al., Respondents, v. Mayer Malbin Co., Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 16, 1971


Appellants shall recover of respondents $50 costs and disbursements of this appeal.

The record reveals that the property allegedly converted by defendants was legally obtained pursuant to a levy by the Sheriff made to enforce a judgment in favor of defendant Mayer Malbin Co., Inc., rendered by the Civil Court. The property having been legally obtained by defendant initially, this conversion action can only be maintained upon a showing that there has been a demand...

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