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SOLOW MGT. CORP. v. TANGER

38 A.D.3d 49 (2007)

828 N.Y.S.2d 33

SOLOW MANAGEMENT CORP., Respondent, v. STEVEN TANGER et al., Appellants. JEROME JANOF, Nonparty Respondent.

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

January 11, 2007.

Attorney(s) appearing for the Case

The Brown Law Group, P.C., New York City (Rodney A. Brown and Melissa Alcantara of counsel), for appellants.

Rosenberg & Estis, P.C., New York City (Norman Flitt, Jeffrey Turkel and Warren A. Estis of counsel), for Solow Management Corp., respondent.

Litwack & Litwack, Bayside (Kenneth D. Litwack of counsel), for Jerome Janof, respondent.

MAZZARELLI, J.P., SULLIVAN, NARDELLI and McGUIRE, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

In this landlord-tenant action arising from rent strike litigation involving luxury apartments, the city marshal moved pursuant to CPLR 8012 to have the court set the amount of poundage he was entitled to for levying upon certain assets of defendants debtors held by Merrill Lynch on their behalf even though the judgment was vacated after the levy. The IAS court granted the motion and awarded the marshal $32,916.55 in poundage...

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