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ADINOLFI v. SOLIMINE

178 Misc.2d 691 (1998)

682 N.Y.S.2d 341

Vincent G. Adinolfi, Respondent, v. Robert F. Solimine, Appellant.

Supreme Court, Appellate Term, Second Department.

September 25, 1998

Attorney(s) appearing for the Case

Eugene Hurkin, Brooklyn, for appellant. Vincent G. Adinolfi, respondent pro se.

SCHOLNICK, J. P., ARONIN and PATTERSON, JJ., concur.

MEMORANDUM.

Judgment unanimously affirmed without costs.

We affirm the judgment, although not for the reasons stated by the court below. It is uncontroverted upon this record that defendant seized plaintiff's vehicle on December 4, 1996 pursuant to an execution, but that plaintiff did not receive any notice from the marshal's office until approximately one month after the seizure. CPLR 5232 (b) provides that in...

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