AVALON v. CORONET PROPS. CO.


243 A.D.2d 307 (1997)

664 N.Y.S.2d 521

Avalon L. L. C., Appellant-Respondent, v. Coronet Properties Company, Respondent-Appellant

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

October 14, 1997


Contrary to plaintiff's argument, the mere transfer of interest in the judgment by assignment alone is insufficient to order a levy and Sheriff's sale of specific assets of defendant. The rights, if any, that Avalon acquired in the underlying judgment must be determined in a plenary action. Moreover, triable issues of fact exist as to whether the particular assets sought by plaintiff, i.e., the shares and proprietary leases of...

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