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NEVADA BANK v. 43RD ST. ESTATES CORP.

38 A.D.2d 227 (1972)

Nevada Bank of Commerce, Plaintiff, v. 43rd Street Estates Corp. et al., Respondents. John T. McCloskey, as Sheriff of The City of New York, Appellant

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

February 8, 1972.

Attorney(s) appearing for the Case

H. William Kehl of counsel (Frederick Weinberger, attorney), for appellant.

Samuel Kirschenbaum of counsel (Dreyer & Traub, attorneys), for respondents.

STEVENS, P. J., McNALLY and MACKEN, JJ., concur with KUPFERMAN, J.; McGIVERN, J., dissents in an opinion.

KUPFERMAN, J.

This is an appeal by the Sheriff of the City of New York with respect to the question of the amount of poundage which he is entitled to have fixed on a levy.

The plaintiff commenced a tort action in New York against defendants for alleged fraud and deceit on their guarantee of a debt incurred by a Nevada corporation. The amount of damages claimed was $942,161.56 with interest. A bond in...

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