Gilbert v. Republic Sheet Metal Works, Inc.

This is a special proceeding under section 696 of the Civil Practice Act to determine the title to certain personal property of the judgment debtor levied against by City Marshal Guy Yacobelli and claimed by the First Bank and Trust Co. of Utica by virtue of a chattel mortgage.

The claimant appears specially and objects to the jurisdiction of this court to hear such special proceeding. The judgment debtor appears and moves to dismiss the petition on its merits.

This court has jurisdiction to hear such a special proceeding. Although the Utica City Court Code contains no specific delegation of…