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LEVESS v. CELEBRITY KNITWEAR

130 Misc.2d 1055 (1986)

Herbert H. Levess & Co., Plaintiff, v. Celebrity Knitwear, Inc., Defendant.

Supreme Court, Special Term, New York County.

January 31, 1986

Attorney(s) appearing for the Case

Morton Grossman, P. C., for defendant. Charles J. Hecht, P. C., for plaintiff. Jeffrey N. Grossel and Eric B. Schultz for City Sheriff. Sheldon Fried for Banco Central of New York. Doreen Hayes for National Westminster Bank, U.S.A.

STEPHEN G. CRANE, J.

This motion and cross motion expose to view a hiatus in the Civil Practice Law and Rules. Perhaps it exists by design to encourage prompt payment of judgments or swift posting of security to stay their execution pending appeal.

Defendant moves pursuant to CPLR 5204 to discharge levies of execution issued September 19 and 25, 1985 on two of its bank accounts. CPLR 5204 provides: "Upon motion of the judgment debtor, upon notice...

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