DEPASQUALE v. ESTATE OF JOSEPH C. DEPASQUALE

2010-04395, 2010-05892.

89 A.D.3d 672 (2011)

931 N.Y.S.2d 689

2011 NY Slip Op 7802

DANIEL C. DEPASQUALE, Respondent, v. ESTATE OF JOSEPH C. DEPASQUALE et al., Appellants. BRUCE KEMP, Nonparty Respondent.

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

Decided November 1, 2011.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The parties entered into a settlement agreement at trial. After the defendants failed to timely make payment in compliance with the settlement agreement, a judgment was entered against the defendants in the sum of $2,001,270. The plaintiff's attorney then issued an execution to the City Marshal Bruce Kemp (hereinafter the Marshal). After a levy upon about $95,000 of the defendants...

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