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MATTER OF AM. PRIDE CONSTR., INC. v. RUSS FREEMAN EXCAVATING, INC.

182 A.D.2d 940 (1992)

In the Matter of American Pride Construction, Inc., Respondent, v. Russ Freeman Excavating, Inc., Appellant, et al., Respondent

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

April 9, 1992

Mikoll, J.

The primary question presented on this appeal is whether Supreme Court erred in granting the application of petitioner to remove a Sheriff's levy and directing payment of the moneys subject to the levy to petitioner. We answer in the affirmative. The judgment should therefore be reversed and the matter remitted to Supreme Court for a trial pursuant to CPLR 5239.

Petitioner was the general contractor for a construction job for Kamco...

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