Beef & Bison Breeders, Inc. v. Capitol Refrigeration Co.

*276OPINION OF THE COURT

Edward S. Conway, J.

These are two motions involving basically the same parties and occurrences which will be considered in one opinion by this court.

The first motion is by the petitioner, Beef & Bison Breeders, Inc., for an order vacating the execution issued by the respondent, Capitol Refrigeration Co., Inc. (Capitol Refrigeration), and voiding any levy made pursuant to said execution, on the ground that petitioner has a permanent interest in the property which is the subject of the levy pursuant to CPLR 5239, and for an order determining the rights of the petitioner and…