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FAMOUS PIZZA, LTD. v. METSS KOSHER PIZZA, INC.

119 A.D.2d 721 (1986)

Famous Pizza, Ltd., Respondent, v. Metss Kosher Pizza, Inc., Respondent. Sheriff of County of Nassau, Nonparty Appellant

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

April 21, 1986

Order affirmed insofar as appealed from, with costs.

"Poundage is a fee awarded to the Sheriff in the nature of a percentage commission upon moneys recovered pursuant to a levy or execution of attachment" (Southern Indus. v Jeremias, 66 A.D.2d 178, 186). The Sheriff's right to receive poundage fees is wholly statutory (CPLR 8012 [b]; Personeni v Aquino, 6 N.Y.2d 35, 37), and the...

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