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MARINE MIDLAND v. SMITH BOYS

129 Misc.2d 37 (1985)

Marine Midland Bank, N. A., Plaintiff, v. Smith Boys, Inc., et al., Defendants.

Supreme Court, Erie County.

July 15, 1985

Attorney(s) appearing for the Case

Penney, Maier, Mandel & Wallach (Seymour Mandel of counsel), for plaintiff. Myron Siegel for Smith Boys, Inc., defendant. Neil Weinberg for William L. Burgess and others, defendants.

JOSEPH D. MINTZ, J.

Plaintiff makes application for an order of seizure pursuant to CPLR 7102 prior to the commencement of any action to recover a boat in possession of one or more of the defendants and their agents. Basically, the facts are not in dispute:

On or about June 27, 1981, a 1981 Thunderbird inboard boat and 1981 Mercury inboard motor (hereinafter collateral) were sold by Transit Marine (hereinafter Transit) to Peter Vanderburgh, a...

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