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SOLOW MGT. CORP. v. TANGER

10 N.Y.3d 326 (2008)

887 N.E.2d 1121

858 N.Y.S.2d 63

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

Court of Appeals of the State of New York.

Decided April 24, 2008.

Attorney(s) appearing for the Case

Litwack & Litwack, P.C., Bayside (Kenneth D. Litwack and Maureen A. Gest of counsel), for nonparty appellant.

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

Brown Law Group, P.C., New York City (Rodney A. Brown and Melissa Alcantara of counsel), for Steven Tanger and another, respondents.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

We are asked to decide in this appeal whether the posting of an appeal bond by a judgment debtor after a marshal has executed a levy on the judgment debtor's assets constitutes affirmative interference with a marshal's collection process, entitling the marshal to poundage fees. We conclude that the posting of an appeal bond by a judgment debtor is not affirmative interference....

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