Legal Opinion
Martin v. Consolidated Edison Co. of N. Y., Inc.
New York Supreme Court
Decided February 23, 1990PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph S. Levine, J.
This motion seeks an order pursuant to CPLR 8012 directing the payment of poundage fees due the Sheriff of the City of New York. The motion raises three issues. One, must the Sheriff commence a plenary action to recover poundage fees? *757Two, may poundage fees be recovered absent the actual collection of money by the Sheriff? Three, who is liable for the poundage fees?
The underlying cause of action was a personal injury suit whose only novelty was a question of indemnification between Consolidated Edison Company of New York, Inc. (Con Edison), as…
2Cases cited8 opinions
- Personeni v. AquinoNew York Court of Appeals · 1959
- Famous Pizza, Ltd. v. Metss Kosher Pizza, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Associated Food Stores, Inc. v. Farmer's Bazaar of Long Island, Inc.New York Supreme Court · 1984
- Jewelry Realty Corp. v. Newport Associates, Inc.Civil Court of the City of New York · 1970
- Knoll v. KnollNew York Supreme Court · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kurtzman v. BergstolAppellate Division of the Supreme Court of the State of New York · 2009
- County of Westchester v. RiechersNew York Supreme Court · 2004
- Solow Management Corp. v. TangerAppellate Division of the Supreme Court of the State of New York · 2007
- DePasquale v. Estate of DePasqualeAppellate Division of the Supreme Court of the State of New York · 2011
- Kurtzman v. BergstolAppellate Division of the Supreme Court of the State of New York · 2009