American Pride Construction, Inc. v. Russ Freeman Excavating, Inc.

Appeal from a judgment of the Supreme Court (Cheeseman, J.), entered December 14, 1990 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR 5239, to remove a levy of respondent Sheriff of Albany County upon moneys of petitioner.

The primary question presented on this appeal is whether Supreme Court erred in granting the application of petitioner to remove a Sheriff’s levy and directing payment of the moneys subject to the levy to petitioner. We answer in the affirmative. The judgment should therefore be reversed and the matter remitted to Supreme Court for…