Legal Opinion
Solow Management Corp. v. Tanger
New York Court of Appeals
Decided April 24, 2008PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
We are asked to decide in this appeal whether the posting of an appeal bond by a judgment debtor after a marshal has ex*329ecuted a levy on the judgment debtor’s assets constitutes affirmative interference with a marshal’s collection process, entitling the marshal to poundage fees. We conclude that the posting of an appeal bond by a judgment debtor is not affirmative interference. Since the marshal in this case cannot show his entitlement either under CPLR 8012 or any judicially created exception, he is not entitled to such fees.
Commenced in 1991, this action…
2Cases cited8 opinions
- Southern Industries, Inc. v. JeremiasAppellate Division of the Supreme Court of the State of New York · 1978
- Campbell v. . CothranNew York Court of Appeals · 1874
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- 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
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3Cited by12 opinions
- Cabrera v. HirthAppellate 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
- Nash v. Port Auth. of N.Y. & N.J.Appellate Division of the Supreme Court of the State of New York · 2021
- Nash v. Port Auth. of N.Y. & N.J.Appellate Division of the Supreme Court of the State of New York · 2021
- DePasquale v. Estate of DePasqualeAppellate Division of the Supreme Court of the State of New York · 2011
7 more not listed; retrieve them via the Exa API.