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KURTZMAN v. BERGSTOL

62 A.D.3d 757 (2009)

878 N.Y.S.2d 768

DEBORAH SHAPIRO KURTZMAN, Plaintiff, v. ERIC BERGSTOL et al., Defendants, and SONYA SHAPIRO et al., Appellants. SHERIFF OF ROCKLAND COUNTY, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 12, 2009.

Ordered that the order is affirmed, with costs.

Poundage is a percentage commission awarded to a sheriff who collects money "pursuant to a levy or execution of attachment" (Alvarez v Brooklyn Hosp.-Caledonian Hosp., 255 A.D.2d 278, 280 [1998]; see CPLR 8012 [b]). In general, the sheriff must actually collect or obtain money to be entitled to poundage, but there are three exceptions to this requirement: (1) when a settlement...

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