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CALABRESE v. TOWN OF LOCKPORT

231 A.D.2d 845 (1996)

648 N.Y.S.2d 403

Joseph S. Calabrese, Appellant-Respondent, v. Town of Lockport et al., Respondents, and Wicker Lumber Company, Inc., Respondent-Appellant

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

September 27, 1996

Order unanimously affirmed without costs.

Memorandum:

This action involves a dispute over the priority of competing claims to a $40,750 fund held by defendant Town of Lockport as a stakeholder. The disputants are plaintiff, Joseph S. Calabrese, and defendant Wicker Lumber Company, Inc. (Wicker). Wicker has levied upon those funds as a judgment creditor of Athanasious C. Hrousis, who previously assigned the funds to plaintiff.

Plaintiff appeals from...

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