Herbert H. Levess & Co. v. Celebrity Knitwear, Inc.

OPINION OF THE COURT

Stephen G. Crane, J.

This motion and cross motion expose to view a hiatus in the Civil Practice Law and Rules. Perhaps it exists by design to encourage prompt payment of judgments or swift posting of security to stay their execution pending appeal.

Defendant moves pursuant to CPLR 5204 to discharge levies of execution issued September 19 and 25, 1985 on two of its bank accounts. CPLR 5204 provides: "Upon motion of the judgment debtor, upon notice to the judgment creditor, the sheriff and the sureties upon the undertaking, the court may order, upon such terms as justice…