Skyline Vineyards, Inc. v. Moravec

— Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court, Yates County, for further proceedings in accordance with the following memorandum: The court erred in its determination that a forklift truck and clamp attachment levied upon by the Sheriff could be sold to satisfy respondent’s judgment against Villa D’lngianni Winery. The evidence before the court in this proceeding commenced pursuant to CPLR 5239 demonstrated that petitioner was the owner of the forklift truck and respondent’s conclusory allegations failed to raise a question…