Petitioner obtained a $36,392 judgment against Arthur Pearce, who simultaneously held a $124,500 combination note and mortgage under which petitioner was the mortgagor. Petitioner docketed its judgment with the Ulster County Clerk on February 5, 1987 and thereafter delivered a property execution directing respondent to levy by seizure of the note and mortgage pursuant to CPLR 5232 (b) and sell it at public auction. Respondent refused, apparently...
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