B. Altman & Co. v. Broad Park Plaza Corp.

Judgment modified by reducing the amount of recovery from $178.25 to $68.25, the difference representing eleven months’ storage at $10 a month, and as so modified unanimously affirmed, with costs to appellant. We are of opinion that, upon the filing with him of the claimant’s affidavit, it was the duty of the sheriff forthwith—or at least before incurring storage charges — to impanel a -jury to determine claimant’s title. The sheriff was not entitled to an indemnity bond from the plaintiff until the claim of the third party had been established. (Jones v. Huter, 136 Misc. 49, and cases…