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MARTIN v. CONSOL. EDISON CO.

146 Misc.2d 756 (1990)

Warren Martin et al., Plaintiffs, v. Consolidated Edison Co. of N. Y., Inc., Defendant and Third-Party Plaintiff. Madison Detection Bureau, Inc., Third-Party Defendant.

Supreme Court, Kings County.

February 23, 1990

Attorney(s) appearing for the Case

Jeffrey N. Grossel and Saul T. Fishman for Sheriff of the City of New York, movant. Alexander L. Kaplan for plaintiffs. Richard W. Babineez for defendant and third-party plaintiff. Martin K. Kahn for third-party defendant.

JOSEPH S. LEVINE, J.

This motion seeks an order pursuant to CPLR 8012 directing the payment of poundage fees due the Sheriff of the City of New York. The motion raises three issues. One, must the Sheriff commence a plenary action to recover poundage fees? Two, may poundage fees be recovered absent the actual collection of money by the Sheriff? Three, who is liable for the poundage fees?

The underlying...

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