Solow Management Corp. v. Tanger

OPINION OF THE COURT

Andrias, J.

In this landlord-tenant action arising from rent strike litigation involving luxury apartments, the city marshal moved pursuant to CPLR 8012 to have the court set the amount of poundage he was entitled to for levying upon certain assets of defendants debtors held by Merrill Lynch on their behalf even though the judgment was vacated after the levy. The IAS court granted the motion and awarded the marshal $32,916.55 in poundage fees to be paid by defendants, the judgment debtors. In making such award, the court erroneously concluded that defendants had…