Order modified, on the law, by adding thereto a provision granting summary judgment to defendant dismissing the complaint. As so modified, order affirmed, without costs.
Plaintiff seeks to recover damages from defendant, the Sheriff of Westchester County, because of defendant's refusal to make a levy based upon the income execution on a money judgment against a third party as tendered by the plaintiff. The refusal was based on plaintiff's failure to comply with CPLR...
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